Jenie Mallari-Torres Aug. 25, 2016, 6:26am


WEST PALM BEACH – A former manager for a gourmet burger restaurant alleges she was retaliated against after injuring herself at work.

Diana Downie filed a complaint on Aug. 9 in the U.S. District Court for the Southern District of Florida, Palm Beach Division against BF Weston LLC, BF Restaurant Management LLC, doing business as BurgerFi and BurgerFi International LLC alleging that they violated the Americans with Disabilities Act, Age Discrimination in Employment Act and Florida Civil Rights Act.

According to the complaint, the plaintiff alleges that on Oct. 25, 2014, she was injured at work while performing duties at defendants' company and reported the injury as part of workers' compensation. The suit states she had surgery on her injured elbow in June 2015 and was placed on light duty restrictions by her doctor.

The plaintiff claims after returning to work, she was discriminated against because of her injuries, retaliated against, and terminated because of her age and replaced by a younger employee. According to the suit, she was terminated in October 2015.

The plaintiff holds the defendants responsible because the defendants allegedly failed to pay bonuses, violated the ADA and ADEA by treating her differently and violated the FCRA by discriminating against her disability.

The plaintiff requests a trial by jury and seeks judgment against defendants, back pay, unpaid bonuses, damages, interest, court costs, attorney's fees and for any and all other and further relief as the court deems just. She is represented by Dana M. Gallup of Gallup Law in South Hollywood.

U.S. District Court for the Southern District of Florida, Palm Beach Division Case number 9:16-cv-81396

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U.S. District Court for the Southern District of Florida West Palm Beach Division
701 Clematis Street
West Palm Beach, FL 33401

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