A former employee has filed a lawsuit against a local government entity, alleging racial discrimination and wrongful termination. Gilberto Martin initiated the complaint against Palm Beach County in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida, on December 12, 2024.
The lawsuit centers around allegations that Martin, who is of Cuban descent, was treated unfairly compared to his white colleague, Jacob Fair. Martin claims he was demoted and eventually terminated from his position as a Driver Operator after being investigated for working a second job while on extended medical leave following wrist surgeries. In contrast, Fair received only a written warning for similar conduct during the same period. The complaint outlines that Martin's employment with Palm Beach County Fire Rescue began in May 2008 and ended with his termination on April 18, 2023. The issue arose when Martin was placed under investigation in May 2022 for holding a second job while on medical leave due to a broken wrist sustained earlier that year. Despite informing his employer about his injury and following proper procedures for extended leave, Martin faced severe disciplinary actions after admitting to working another job during this time.
Martin argues that he was unaware of any policy change prohibiting secondary employment while on leave and notes that no formal notification of such changes was provided to him or Fair. He further contends that these conditions were imposed without precedent or consistent application across employees, highlighting disparate treatment based on race or national origin as prohibited by the Florida Civil Rights Act.
The plaintiff seeks several forms of relief from the court: reinstatement to his former position as Driver Operator, compensation for lost wages and benefits due to demotion and suspension without pay, damages for mental anguish and loss of reputation, along with attorney’s fees and costs. Additionally, Martin demands compensatory damages for non-economic losses such as inconvenience and loss of enjoyment of life.
Representing Gilberto Martin is Isidro M. Garcia from Garcia Law Firm P.A., located in West Palm Beach. The Case Number is: 502024CA011749XXXAMB Div: Al.