MIAMI — A woman who claims she was fired in 2016 for being pregnant has days to file her another amended complaint after the first two were dismissed, the second because she sued the wrong defendant, according to a federal judge's recent order.
Melina Ashley Ifill, who sued Aventura-based European Wax Center, has until Feb. 25 to file another amended complaint, U.S. District Court Judge Beth Bloom, on the bench in Florida's Southern District, said in her order issued Feb. 13.
"Defendant's principal argument for dismissal is that plaintiff did not work for defendant, but rather for a franchisee," Bloom said in her in her eight-page. "Therefore, the plaintiff has sued the wrong party."
U.S. District Court Judge Beth Bloom
| Law.Miami.Edu
Ifill is representing herself in the case.
The first complaint, filed by Ifill in August, alleged claims under the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act or the Age Discrimination in Employment Act, according to the background portion of Bloom's order.
Her first complaint was dismissed without prejudice after the court found Ifill "failed to set forth any facts regarding the nature of her claim," the order said.
Ifill's next complaint specified claims for sex and pregnancy discrimination and wrongful termination under the employment laws portion of the ADA. Ifill alleges that in June 2016, while employed as a corporate wax trainer at European Wax Center and after informing a supervisor that she was pregnant, informed her "that her productivity was declining" and suggested she voluntarily reduce her work hours, the order said.
When Ifill declined, the supervisor "informed her that she was terminated," the order said.
Ifill subsequently filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission, which issued a right to sue letter in July 2018.
In its most recent motion, European Wax Center asked Bloom to dismiss the case for failure to state a claim and to exhaust administrative remedies, in addition to claiming Ifill had not been a center employee.
European Wax Center claimed Ifil should be suing the franchisee EWC Hollywood, LLC.
Ifill responded to European Wax Center's motion with "numerous documents, including a welcome letter from European Wax Center, email correspondence regarding settlement efforts undertaken during proceedings before the EEOC, the right to sue letter, a training packet for wax associates, European Wax Center client records, and numerous pay stubs," the order said.
Those documents supported Ifill's "contention that she has sued the proper party," the order said.
However, the documents Ifill provided did not establish that European Wax Center was her employer and her first amended complaint did not establish that allegation.
"Indeed, plaintiff's contention that she has sued the correct defendant is belied by the pay stubs she has provided, in which 'EWC Hollywood, LLC' features prominently in the top left-hand corner," the order said. "Accordingly, the amended complaint is due to be dismissed upon this basis alone."