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FLORIDA RECORD

Thursday, March 28, 2024

Sales rep sues former employer for wrongful termination

Wrongful term 11

ORLANDO — A former employee is suing Premier Baths Inc., d/b/a Premier Care in Bathing and Bill Kelly, Florida corporation, citing alleged violations of the Fair Labor Standards Act, including unpaid wages, retaliation and wrongful termination.

Charles Crable filed a complaint on Oct. 20, in the U.S. District Court for the Middle District of Florida Orlando Division against the defendants alleging that they breached their duties of good faith and fair dealing.

According to the complaint, the plaintiff alleges that, on July 31, 2014, he commenced employment with the defendants as a sales representative, and won bonuses and awards for diligent performance of his duties. However, he was terminated without notice on Oct. 17, 2014, which he believed was a result of his questioning the unusual assignments ordered by the defendants in contrast to what he signed up for and was promised, including low-quality leads and/or far-outlying areas in "rough" neighborhoods. Subsequently, he concluded that he was hired to cover all the bad leads to protect the company from being sued for false advertising, and that resulted in damages to plaintiff's reputation, caused embarrassment, lack of funds, inability to secure employment, anxiety and emotional distress. 

The plaintiff holds Premier Baths Inc., d/b/a Premier Care in Bathing and Bill Kelly responsible because the defendants allegedly ignored plaintiff's request for his original signed contract, failed to compensate plaintiff's earned funds in excess of $5,000 and terminated plaintiff in an obvious attempt to avoid legal scrutiny.

The plaintiff requests a trial by jury and seeks judgment against defendants, unpaid minimum and overtime wages, penalties and interest, damages, attorney's fees, costs and further relief as the court deems just. He is represented by Elizabeth J. Anderson of Anderson Hew PLLC in Orlando.

U.S. District Court for the Middle District of Florida Orlando Division Case number 6:16-cv-01825

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