CLEARWATER – A Pinellas County man alleges he was wrongfully terminated for requesting workers' compensation benefits.
Calvin Malavenda filed a complaint on April 5 in the 6th Judicial Circuit Court of Florida - Pinellas County against Mario V. Pate and Pateco Inc. alleging negligence and wrongful discharge.
According to the complaint, the plaintiff alleges that he was helping Pate, his employer, paint the chimney on his St. Petersburg home. He alleges he fell from the roof while working on the defendant's home and was injured. The suit states he requested workers' compensation but was told the defendants did not have workers' compensation insurance. The plaintiff alleges he was later terminated for requesting the benefits.
The plaintiff holds Pate and Pateco Inc. responsible because the defendants allegedly failed to provide safety equipment to protect plaintiff from injury and retaliated against plaintiff for questioning such benefits.
The plaintiff requests a trial by jury and seeks judgment against defendants for damages of $100,000, lost wages, benefits, front and back pay, compensatory damages and other relief the court deems just. He is represented by Peter A. Sartes of Tragos, Sartes & Tragos PLLC in Clearwater.
6th Judicial Circuit Court of Florida - Pinellas County Case number 17-002141