A former employee has filed a lawsuit against her previous employer, alleging age discrimination and wrongful termination. Sandra Testa filed the complaint in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, on September 13, 2024, against GSA Access Group, LLC.
According to the complaint, Testa is an 88-year-old woman who began working for GSA Access Group as a Senior Contracting Specialist around 2011. Throughout her tenure, she was recognized as an exemplary employee who significantly contributed to the company's profits. However, during the COVID-19 pandemic, Testa was asked to work from home due to her age and associated health risks. Despite assurances that her pay would remain unchanged, two weeks later she was informed by Mike Toups, President of GSA Access Group, that her compensation structure would be altered. Instead of being paid by commission and hourly wages, she would now be compensated based on commission and "talk time" multiplied by two.
This change meant that although Testa worked eight hours daily, she was only paid for four hours because she spent only two hours on talk time. Meanwhile, other employees who were allowed to work in person continued to receive full pay despite similar or lesser talk times. Repeated requests by Testa to return to the office were denied due to her age. The company even suggested she form her own business and report income using a Form 1099.
In 2021 and 2022, Testa earned approximately $114,000 and $74,000 respectively. Her repeated requests in 2022 to revert to her previous payment scheme or return to office work were denied by Toups who suggested she retire instead. In March 2023, Testa was terminated under the pretext that her position had been eliminated; however, shortly after her termination, a Sales Account Specialist was hired.
Testa alleges that her discharge was solely due to age discrimination in violation of the Age Discrimination in Employment Act (ADEA). She claims significant damages resulting from this discriminatory conduct and seeks back-pay, liquidated damages, attorney’s fees as well as any further relief deemed just and equitable by the court.
The case is represented by Craig L. Berman of Berman Law Firm P.A., while it will be presided over by judges assigned within Case Number: 24-004121-CI.