MIAMI – A Miami woman has filed a lawsuit against her former employer, claiming that she was terminated from her position because of her age and her need for future medical leave.
Cheryl Berg filed a lawsuit in federal court against EMED LLC, citing violations of the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Florida Civil Rights Act and the Family and Medical Leave Act.
According to court documents, Berg, who was 58, was hired to work as EMED's Director of Strategic Account Management at the defendant's corporate office in Miami. She claims that during her employment she faced disability/handicap discrimination, age discrimination, and retaliation until her wrongful termination on December 27, 2022.
Berg claims she was diagnosed with breast cancer in April 2022 and underwent two surgeries in August 2022. She claims that despite satisfactory performance, she was terminated under false pretenses. Berg contends that her termination was the result of health conditions and the anticipated need for future medical leave in 2023. Berg alleges disparate treatment based on age, asserting that younger employees with comparable or lesser qualifications received preferential treatment.
Berg states that she filed discrimination charges with the Equal Employment Opportunity Commission and the Florida Commission for Human Relations (FCHR) and received a dismissal and notice of right to sue on September 18, 2023.
Berg is seeking compensatory damages for loss of wages, benefits, commissions, bonuses, plus interest, attorney fees, court costs and other relief.
She is represented by Keith M. Stern of the Law Office of Keith M. Stern in Miami.
U.S. District Court for the Southern District of Florida case number 1:23-cv-24185