ORLANDO — A former employee has filed a claim against Payless Shoesource Inc. for alleged unpaid wages and wrongful termination.
Zacha Medina filed a complaint on Aug. 8 in U.S. District Court for the Middle District of Florida, Orlando Division, against Payless Shoesource Inc. alleging that the retail store knowingly violated the Fair Labor Standards Act and Family and Medical Leave Act regulations.
According to the complaint, the plaintiff alleges that in November 2012, she began working for the defendant as a non-exempt employee covered by the Fair Labor Standards Act, but was not compensated for overtime hours. She also allegedly submitted proper medical documentations to support her medical leave request, but instead was terminated for excessive absences. The plaintiff holds Payless Shoesource Inc. responsible because the defendant allegedly failed to pay her an overtime premium for all the excess hours that she worked and violated her rights under the Family and Medical Leave Act by not honoring her leave of absences to care for her serious health condition, but rather used that as a ground for termination.
The plaintiff requests a trial by jury and seeks judgment against the defendant, for reinstatement to her prior position, for the amount of unpaid back wages and front pay, liquidated damages, interest, attorney's fees and further relief as the court deems appropriate. She is represented by Luis A. Cabassa of Wenzel Fenton Cabassa PA in Tampa.
U.S. District Court for the Middle District of Florida, Orlando Division, case number 6:16-cv-01409