Holiday Builders, Inc - Unlawful Employme

Holiday Builders, Inc - Family and Medical Leave Act (FMLA)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION


NANCY DEANGELIS,
Plaintiff,
v. Case No.:
HOLIDAY BUILDERS, INC.
and HBI TITLE, INC.,

Defendants.
__________________________ /
AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff, Nancy DeAngelis, by and through her undersigned counsel, sues Defendants, Holiday Builders, Inc. (hereinafter called "Defendant") and HBI TITLE, INC. (herein after called "HBI"), and alleges as follows:
JURISDICTION AND PARTIES
1. This is an action for damages that exceed $15,000.00, exclusive of costs,

interest, and attorney’s fees.

2. The unlawful employment practices alleged below were committed within

Brevard County, Florida.

3. Plaintiff is and has been a resident of Brevard County, Florida, at all times material herein.
4. This is an action brought pursuant to the Family and Medical Leave Act (FMLA), 29 U.S.C. Sections 2601 to 2654, to obtain relief for violation of medical leave rights guaranteed by the FMLA.
5. Plaintiff was employed by Defendant(s) in excess of twelve months and for at least 1250 hours over the twelve months prior to her termination.
6. Defendants either jointly or individually employed in excess of 50 employees for each working day during each of twenty or more calendar work weeks in the year culminating in Plaintiff’s termination.
7. Defendants did business in Brevard County, Florida and/or HBI Title, Inc.
8. Plaintiff worked for Defendant(s) as a processor from May 10, 2004 until August 10, 2006.
9. For FMLA purposes, Defendant(s) are joint employers.
10. Plaintiff had requested to go on FMLA on or about July 16th, 2006.
11. Defendant(s) approved the FMLA leave.
12. Defendants blatantly disregarded 29 U.S.C. §2615 in direct violation of Congress’ Family and Medical Leave Act of 1993 and terminated Plaintiff while she was on FMLA leave.
13. The Defendants’ actions against the Plaintiff in violation of the FMLA were done wantonly, maliciously, willfully and with the intent to do harm to Plaintiff.
14. Plaintiff has retained the undersigned attorney and agreed to pay him a reasonable fee.
15. Plaintiff has exhausted her administrative remedies prior to bringing this action.
16. Plaintiff has complied with all conditions precedent prior to bringing this action.
17. At all times during her employment with Defendant, Plaintiff performed all duties assigned to her in a professionally competent manner.
18. Plaintiff has suffered and continues to suffer grave and severe damage to her financial welfare, by reason of Defendant’s unlawful actions against the Plaintiff.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendant, as follows:
A. Judgment for all wages, salary, employment benefits and other compensation denied or lost Plaintiff by reason of Defendant’s violation of the FMLA;
B. Interest;
C. An additional amount as liquidated damages;
D. An award of reasonable attorney’s fees and all costs incurred herein;
E. Such other damages as may be just and proper.
DEMAND FOR JURY TRIAL

Plaintiff demands a jury trial on all issues herein triable by jury.

DATED this _____day of March, 2007.

ALLEN & ARCADIER, P.A.

________________________
Wayne L. Allen, Esquire
Florida Bar No. 0110025
Mauricio Arcadier, Esquire
Florida Bar No. 131180
Attorneys for Plaintiff
700 N. Wickham Road, Suite 107
Melbourne, Florida 32935
Phone: (321) 254-7550
Fax: (321) 242-1681

Our Melbourne office is centrally located in Brevard County, enabling our lawyers to serve clients throughout "the Space Coast", including Cocoa Beach, Palm Bay and Vero Beach.