FORT LAUDERDALE – A courier driver is suing his former employer over allegations he was wrongfully terminated after taking a medical leave for surgery.
Felix Tavarez filed a complaint on April 1 in the U.S. District Court for the Southern District of Florida, Fort Lauderdale Division against All-Mer Express Inc. alleging that the employer violated the Family and Medical Leave Act.
According to the complaint, the plaintiff alleges that on Dec. 23, 2015, he was terminated from work, a day after he underwent hand surgery and after he secured permission from his managers. The suit states he broke his hand at home on or about Dec. 2, 2015. The plaintiff holds All-Mer Express Inc. responsible because the defendant allegedly failed to apprise him of his rights under the FMLA, failed to notify him whether his leave was or could be designated as FMLA leave and terminated him from work.
The plaintiff requests a trial by jury and seeks compensation for actual and liquidated damages, prejudgment interest, reasonable costs and attorney’s fees and for such other and further relief as the court may deem equitable and just. He is represented by Martin Saenz and Brandon J. Gibson of Saenz & Anderson PLLC in Aventura, Florida.
U.S. District Court for the Southern District of Florida, Fort Lauderdale Division Case number 0:16-cv-60703