A Florida woman who worked as a server for Big John’s Pizza, Pasta & Subs Co. has filed a proposed class action against the company and two individual defendants with supervision over the business that alleges she was unlawfully fired after arriving to work late after not feeling well because of a pregnancy.
The lawsuit, which also alleges the woman is owed unpaid overtime for her three-month tenure working for the defendants, says the plaintiff “experienced vaginal bleeding” shortly after discovering she was pregnant in September 2016. The plaintiff says she, after visiting a local emergency room, was ordered to stay off her feet and given a return to work date for September 26, 2016. On the day the plaintiff was set to return to work, the lawsuit continues, the woman reportedly experienced more bleeding and was directed by her doctor to remain on rest until October 7. She returned to work prior to that date because “it was necessary for her to work,” the case says. On October 23, the plaintiff supposedly called the individual defendants to inform them she wasn’t feeling well and would be late for her shift. Five minutes after arriving for that shift, the case claims, the plaintiff was terminated.
According to the complaint, the plaintiff worked an average of between 42 and 45 hours per week for the defendants without time-and-a-half overtime pay, which the case says amounted to roughly $337.50. The lawsuit cites alleged violations of the Fair Labor Standards Act (FLSA), Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Florida civil rights statutes.