MIAMI – A former employee of a Miami Beach hotel alleges he was terminated after he returned from a medical leave.
Daniel Heath filed a complaint on behalf of himself and others similarly situated on March 29 in the U.S. District Court for the Southern District of Florida, Miami Division against The Palms South Beach Inc., doing business as The Palms Hotel & Spa; KSL Palms LLC and NSM Palms LLC citing the Family and Medical Leave Act.
According to the complaint, the plaintiff alleges that he began employment with the defendants in September 2013 as a bellman and took FMLA leave for a few days in April 2015 for a health condition. He alleges he was terminated when he returned from his leave.
The plaintiffs hold The Palms South Beach Inc., KSL Palms LLC and NSM Palms LLC responsible because the defendants allegedly violated plaintiff's rights to privacy and confidentiality of medical records and retaliated against plaintiff for having exercised his right to FMLA.
The plaintiffs request a trial by jury and seek judgment against defendants, compensatory damages, liquidated damages, interest, costs, attorney's fees, expert witness fees, other monetary damages, equitable and declaratory relief, and further relief that the court determines to be just. He is represented by Paul M. Botros of Morgan & Morgan PA in Plantation.
U.S. District Court for the Southern District of Florida, Miami Division Case number 1:17-cv-21173