FORT MYERS – An African-American and Hispanic/Puerto Rican male alleges he was terminated as a driver for Federal Express Corp. because of his race and national origin.
Raymond Fontanez filed a complaint on Dec. 20 in the U.S. District Court for the Middle District of Florida against Federal Express Corp. alleging disability discrimination, Family and Medical Leave Act interference and workers' compensation retaliation.
According to the complaint, the plaintiff alleges that in 1987,
he was hired by the defendant as a courier driver. The suit states that on Sept. 28, 2015, he suffered a workplace injury that required him to attend medical appointments and need surgery, and eventually was qualified as being disabled. He alleges he was allowed to be off work for three days, but was immediately disciplined for attendance upon his return to work in October 2015 and was targeted for termination because of his race and national origin.
The plaintiff holds Federal Express Corp. responsible because the defendant allegedly subjected plaintiff to hostile work environment, and treated plaintiff differently compared to other employees because of race or color.
The plaintiff requests a trial by jury and seeks judgment against defendant, injunctive relief, back pay and all other benefits, front pay including benefits, reimbursement, declaratory relief, attorney's fees, costs of litigation, compensatory and punitive damages, and other relief as the court deems just. He is represented by Benjamin H. Yormak of Yormak Employment & Disability Law in Bonita Springs.
U.S. District Court for the Middle District of Florida, Fort Myers Case number 2:16-cv-00900