FORT MYERS – A Charlotte County landscaping company is accused of wrongfully terminating an employee for taking leave to care for an injury.
William 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.
According 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.
The plaintiff holds Brightview Landscapes LLC responsible because the defendant allegedly failed to compensate plaintiffs for all wages earned and retaliated against plaintiff for exercising his FMLA rights.
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