In a striking lawsuit that could set a precedent for workplace rights, an individual has filed a complaint against a Florida-based company, alleging severe retaliation after reporting illegal activities. On September 16, 2024, Zaida Bourque filed the complaint in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, accusing CR Clearwater, LLC doing business as Arcadia Resorts of violating Florida's Whistleblower Act.
Zaida Bourque worked as a sales administrator for CR Clearwater from October 16, 2023, until her termination on January 15, 2024. During her brief tenure, Bourque claims she faced multiple instances of workplace violence and exposure to harmful substances due to her colleagues' actions. According to the complaint, Bourque was assaulted by a coworker named Adrienne on December 30, 2023. Despite reporting this incident to regional director Kim Tate and sales director Mark Alexander, no disciplinary action was taken against Adrienne. Instead, Bourque was reassigned to a new building with reduced working hours—a move she perceived as retaliatory.
Bourque's troubles didn't end there. As a cancer survivor with a compromised immune system sensitive to smoke and electronic vapor, she found herself in an environment where coworkers frequently used electronic cigarettes despite her complaints. Even after supervisors allegedly sent out emails prohibiting smoking and vaping indoors following her complaints, the behavior continued unabated. On January 14, 2024, just one day before her termination, Bourque confronted another coworker named Karl about vaping near her office. This confrontation led to further harassment and ultimately culminated in her dismissal.
The plaintiff asserts that these actions are clear violations of both the Florida Clean Air Act and Florida's Whistleblower Act (FWA). Under the FWA (Section 448.102(3), Florida Statutes), employees are protected from adverse employment actions when they report illegal conduct. The timing of Bourque’s termination—shortly after raising these issues—strengthens her claim that she was fired in retaliation for her complaints.
Bourque is seeking damages exceeding $50,000 for back pay, front pay, compensatory damages including lost wages and benefits, emotional distress damages such as humiliation and pain suffering along with attorney’s fees and costs. She also demands punitive damages against CR Clearwater to deter similar future conduct by the company or others.
Represented by Noah E. Storch from Richard Celler Legal P.A., Bourque has requested a jury trial to resolve these issues. The case is presided over by Judge Ken Burke under Case Number: 24-004148-CI.