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Plaintiffs,
v.
Defendants.
----------------------------~/
AMENDED COMPLAINT
Plaintiffs, John Timothy Robertson and Steven Ray Forrest Chaplin, sues Defendants,
Cuisine Management Inc., a Florida corporation, A.W. Ridgway, Inc., a Florida corporation d/b/a
Ridgway Bar & Grill, Anthony Ridgway, and Suzanne Honeycutt (collectively "Ridgway"), for
violating Sections 760.50 ("HIV Act") and 760.10 ("FCRA") of the of the Florida Statutes,
l. Plaintiffs are residents of Collier County, Florida, and were employed by the
Defendants. They are employees within the meaning of the HIV Act and FCRA.
2. Defendants are all employers within the meaning of the HIV Act and FCRA, both
3. Cuisine Management Inc. is a Florida corporation that operates and does business
Honeycutt. Mr. Ridgway is the controlling and managing agent of all of the Defendants and is
the person most responsible for violating the HIV Act and FCRA.
7. Venueis proper because all of the facts and allegations that form the basis of this
8. Plaintiffs have retained counsel and are obligated to pay a fee for services
rendered.
11. Robertson began working for the Defendants on or about October 2009.
12. Forrest began working for the Defendants on or about January 2010.
14. Plaintiffs were well qualified for their position and were exceptional employees.
16. On April 16,2010, Robertson informed Honeycutt he was HIV positive because
Honeycutt noticed that Robertson and Forrest had been sick and had several doctor's
appointments.
17. Honeycutt informed Ridgway of the concerns she may have regarding time off
due to doctor visits and wanted to know the effects the medications would have.
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18. On May 20, 2010, the Plaintiffs started receiving letters about their performances
20. Defendants informed staff not to disclose the situation regarding the Plaintiffs
21. Plaintiffs have retained counsel and are obligated to pay a fee for services
rendered.
23. Plaintiffs were employees and the Defendants are employers within the meaning
24. Plaintiffs are male and diagnosed with HIV/AIDS and related health issues.
25. Plaintiffs were qualified for their jobs and were performing well.
26. Plaintiffs suffered several adverse employment actions when the terms and
conditions of their employment were altered as a result of their diagnosis. Specifically, Plaintiffs
27. Plaintiffs suffered an adverse employment action when they were terminated.
28. Plaintiffs suffered damages as a result of the Defendants' violation of the HIV
Act.
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30. Plaintiffs were employees and the corporate Defendants are employers within the
31. Plaintiffs are male and diagnosed with HIVI AIDS and related health issues.
32. Plaintiffs were qualified for their jobs and were performing well.
33. The HIV Act guarantees Floridians diagnosed with HIV "every protection made
available to handicapped persons." Fla. Stat. § 760.50(2). Plaintiffs have a qualifying disability.
34. To the extent that it is determined that they do not have a qualifying disability,
then Plaintiffs allege, in the alternative, that they were regarded as having a disability within the
36. Plaintiffs suffered several adverse employment actions when the terms and
conditions of their employment were altered as a result of their disability. Specifically, Plaintiffs
37. Defendants' motives for terminating Plaintiffs are s1.lpported by the difference in
treatment after the disability was disclosed, the timing of termination, and Defendants'
instructions to other employees to not divulge Plaintiffs' disability because it would hurt
business.
39. Plaintiffs are aware that this Amended Complaint is being filed less than 180 days
after the filing of their respective FCRAlEEOC charges. The Plaintiffs' health is deteriorating
quickly. Equity demands that the Amended Complaint be filed now. The administrative process
is not jurisdictional.
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www.FloridaEmploymentLawyerBlog.com
www.Sarelson.com
Demand for Jury Trial
Plaintiffs pray that this Court enter judgment in their favor against Defendants, Cuisine
Management Inc., A.W. Ridgway Inc., Anthony Ridgway, and Suzanne Honeycutt, jointly and
severally, and award monetary damages of no less than $1,000,000 for back pay, front pay,
economic and non-economic damages (including pain and suffering), reasonable attorneys' fees
and costs and any other relief this Court deems appropriate.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on Decembe/O, 2010, a copy of this document was served
via U.S. Mail and facsimile on Denise L. Wheeler, Esq., Fowler White Boggs, P.A., 2235 First