On Monday a case was filed in the Middle District of Florida by Melisa Esquivel against Sarasota Memorial Hospital and Rae DaPrato. The case is regarding workplace assault and violation of FMLA protections.
The plaintiff was employed by the defendant as a Risk Management Legal Data Specialist. During her employment her supervisor was defendant DePrato and during an incident with this supervisor, the plaintiff was left with wrist that was discolored with bruises. This incident was reported to the HR department and the plaintiff was placed on paid leave during an investigation, however no action was taken against the supervisor.
After returning to work, the plaintiff fell ill and was diagnosed with a brain aneurysm. The plaintiff applied for and received FMLA during the initial round of treatment. When the plaintiff attempted to return to work, she found herself physically incapable and requested the process begin for short term disability as well as continuance of her insurance coverage. Instead, the plaintiff received notice that she had been placed of furlough during the FMLA leave. The plaintiff was the only position put on furlough in the department. The plaintiff then received a notice of termination, even though the department and several other departments were hiring and the plaintiff was not given an option to transition to the other departments or remain on furlough.
The plaintiff is suing for FMLA interference, FMLA retaliation, ADA discrimination, Florida Disability discrimination, negligent supervision and retention of DePrato, and assault and battery. The plaintiff is represented by Florin Gray Bouzas Owens, LLC.