FORT MYERS – A Charlotte County landscaping company is accused of wrongfully terminating an employee for taking leave to care for an injury.
Gonzales-Vega filed a complaint on behalf of himself and all others
similarly situated on Feb. 28 in the U.S. District Court for the Middle
District of Florida against Brightview Landscapes LLC citing the Fair
Labor Standards Act and the Family Medical Leave Act.
to the complaint, the plaintiff alleges that he worked for the defendant
as a landscaper from 2009 to 2016. He alleges he injured his back and
required time off under the FMLA in September 2016, but his employment
was terminated that December for excessive absences.
plaintiff holds Brightview Landscapes LLC responsible because the
defendant allegedly failed to compensate plaintiffs for all wages
and retaliated against plaintiff for exercising his FMLA
The plaintiff requests a trial by jury and seeks judgment
in his favor, designate collective action, declaratory relief,
liquidated damages, costs, attorney's fees, and further relief as the
court deems just. He is represented by Donna V. Smith of Wenzel
Fenton Cabassa PA in Tampa.
U.S. District Court for the Middle District of Florida, Fort Myers Division Case number 17-cv-00123