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Saturday, April 27, 2024

Former employee says she was fired from Dive Bar Restaurant because of age

Federal Court
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Attorney Gregory S. Sconzo of Sconzo Law Office | Sconzo Law Office

PALM BEACH – A former employee is suing a Palm Beach restaurant for discrimination, claiming she was fired because of her age.

Plaintiff Janice Fox filed a complaint in federal court against the Dive Bar Restaurant alleging violations of the Age Discrimination in Employment Act (ADEA) and the Florida Civil Rights Act of 1992. 

According to court documents, Fox was hired to work as a seasonal server at the Dive Bar Restaurant in 2013. She claims she was wrongfully terminated on October 10, 2022, despite nine years of exemplary service, based on her age of 52.

Dive Bar allegedly cited a transition to year-round employment as the reason for her termination, but Fox contends this was a pretext, as Dive Bar continued to hire younger seasonal employees after her termination.

Fox has fulfilled administrative prerequisites by filing a charge of discrimination with both the Palm Beach County Office of Equal Opportunity and the U.S. Equal Employment Opportunity Commission. The EEOC issued a Dismissal of Charge and Notice of Right to Sue, prompting Fox to file this complaint within the 90-day period.

Fox is demanding a jury trial to seek various forms of relief, including actual damages, back pay, front pay, compensatory and punitive damages, plus interest, attorney's fees, and any other relief the court deems proper. Additionally, she is seeking an injunction prohibiting Dive Bar from engaging in any further discriminatory employment practices.

He is being represented by Gregory S. Sconzo of Sconzo Law Office in Palm Beach.

U.S. District Court for the Southern Division of Florida West Palm Beach Division case number 9:23-cv-81450

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