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CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 PLANTATION , FL 33324 | T: 954.606.5891 | WWW .CADOGAN LAW.COM 1 UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
CASE NO: ______________________
KYLE HAGAN ,
Plaintiff,
v.
FM MEATS GP INC. ,
Defendant.
/
COMPLAINT
COMES NOW, Plaintiff, KYLE HAGAN (“ HAGAN”) and sues Defendant,
FM MEATS GP INC. (“FM MEAT ”), for violation of the Americans with
Disabilities Act, (“ADA”) 42 USC §112101, the Florida Civil Rights Act of 1992,
Fla. Stat. §760.01, et seq. (“FCRA”) and retaliation in violation of the Flor ida
Workers Compensation under Fla. Stat. §440.205, (“WCA”) and alleges as
follows:
JURISDICTION & VENUE
1. This is an action brought to remedy unlawful employment practices
by FM MEAT pursuant to the ADA, FCRA and WCA and this Court has federal
question and supplemental jurisdiction pursuant to 28 USC §§1331 and 1365.
2. HAGAN sui juris and is a resident of this Court’s jurisdiction. Case 3:24-cv-00849-TJC-SJH Document 1 Filed 08/19/24 Page 1 of 15 PageID 1
CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 PLANTATION , FL 33324 | T: 954.606.5891 | WWW .CADOGAN LAW.COM 2 3. FM MEAT is a company incorporated in the State of Florida and
employed HAGAN in this jurisdiction.
FACTUAL ALLEGATIONS
Employment
4. HAGAN worked as an Industrial S uper visor at FM MEAT from
June 2021 until November 8, 2023.
5. At all times material hereto, Corban Russell was the CEO of FM
MEAT and had operational control over the work performed by HAGAN.
6. At all times material hereto, John Wilson was the General Manager
of FM MEAT and had operational control over the work performed by HAGAN.
Disability Discrimination and Retaliation
7. HAGAN suffered an on-the -job injury to his knee and foot on Ju ne
9, 2023.
8. HAGAN informed FM MEAT about his on-the-job injury and
sought medical care.
9. This disability impacted one or more of his daily functions,
specifically: refrain from prolonged standing on his leg and that he be permitted to work in a seated position. Case 3:24-cv-00849-TJC-SJH Document 1 Filed 08/19/24 Page 2 of 15 PageID 2
CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 PLANTATION , FL 33324 | T: 954.606.5891 | WWW .CADOGAN LAW.COM 3 10. At all time s relevant, HAGAN informed FM MEAT that he required
a reasonable job accommodation to perform his essential job junctions.
11. HAGAN was also not to lift, push or do any pulling.
12. At all relevant times, FM MEAT refused to accommodate HAGAN,
by requiring HAGAN to perform duties that his restriction prohibit ed, such as
being forced to climb up the side of a building, in order to work on a
refrigeration issue on the roof that was approximately 60 fee t high.
13. This refrigeration issue could have been performed by a non -
disabled co-worker , rather than HAGAN.
14. HAGAN , upon returning to work after his injury , experienced other
forms of discrimination a nd retaliation , including but not limited to FM MEAT
demand ing that he clean the floor after an ammonia leak, demands in the early
morning or late at night to fix and repair problems by himself (work that would
require more than one person to handle) and handling condensation issues.
15. HAGAN’s phone calls to the front office were ignored which then
required him to walk on his injured leg from the back of the facility to the front
to obtain updated information. Case 3:24-cv-00849-TJC-SJH Document 1 Filed 08/19/24 Page 3 of 15 PageID 3
CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 PLANTATION , FL 33324 | T: 954.606.5891 | WWW .CADOGAN LAW.COM 4 16. Further, during the last two weeks of his employment, HAGAN
received no emails and then his calls we nt unanswered, which again forced him
to walk to the front office area in order to obtain information to perform his
duties.
17. HAGAN directly opposed FM MEAT’s discriminatory actions in not
providing a reasonable job accommodation.
18. HAGAN reported FM MEAT’s discriminatory actions to Corban
Russell and or John Wilson on multiple occasions .
19. Finally, on November 8, 2023, HAGAN was forced to resign as it
was no longer safe to work at FM MEAT , and due to FM ME AT’s complete
failure to accommodate him.
CONDITIONS PRECEDENT
20. All conditions precedent has been satisfied or have been waived,
including timely filing of a Charge of Discrimination.
21. HAGAN filed with the EEOC and FCHR a Charge of Discrimination
and Retaliation and over 180 days have elapsed and the Right -to-Sue Letter was
issued on July 5, 2024.
Case 3:24-cv-00849-TJC-SJH Document 1 Filed 08/19/24 Page 4 of 15 PageID 4
CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 PLANTATION , FL 33324 | T: 954.606.5891 | WWW .CADOGAN LAW.COM 5 MOTIVATING FACTOR
22. The adverse job actions taken by FM Meat against HAGAN were
motivated by his protected categories of disability or in retaliation for h is
complaints , or assertion of his workers’ compensation rights.
ATTORNEYS’ FEES
23. Plaintiff has retained the undersigned counsel and has agreed to pay
reasonable fees.
COUNT I
AGAINST FM MEAT FOR DISCRIMINATION UNDER ADA
24. HAGAN repeats and incorporates paragraph s 1 through 23, as
though fully stated herein.
25. By and through the course of conduct herein described, FM MEAT
violated the ADA by discriminating against HAGAN due to his knee and foot
impairment , by denying him a reasonable job accommodation as part of the terms
and conditions of employment, and constructively discharging him because of the
impairment.
26. HAGAN has suffered and continues to suffer damages, including but
not limited to loss of income, mental anguish, humiliation, anxiety, loss of
enjoyment of life and embarrassment and loss of fringe benefits. Case 3:24-cv-00849-TJC-SJH Document 1 Filed 08/19/24 Page 5 of 15 PageID 5
CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 PLANTATION , FL 33324 | T: 954.606.5891 | WWW .CADOGAN LAW.COM 6 27. FM MEAT blatant, intentional and willful disregard of the ADA and
its consequences for violations warrants punitive damages.
WHEREFORE, as to Count I, Plaintiff, HAGAN , demands judgment in h is
favor against Defendant, FM MEAT for violation of the ADA and seeks back pay,
compensatory damages, reinstatement or front pay if not reinstated, interest,
punitive damages, attorneys’ fees pursuant to 42 USC §12101, and costs, and such
other further relief that this Court deems just and equitable.
COUNT II
AGAINST FM MEAT FOR HOSTILE WORK ENVIRONMENT
UNDER ADA
28. HAGAN repeats and inc orporates paragraphs 1 through 23, as
though fully stated herein.
29. By and through the course of conduct herein described FM MEAT
through the conduct of Corban Russell and other members of management
harassed HAGAN because of his knee and foot impairment in violation of the
ADA by subjecting HAGAN to perform duties that were prohibited due to his
impairment , and refusing to accommodate him.
30. FM MEAT ’s offensive harassment was, severe, offensive and
discriminatory actions, nor did he invite or solicit them through his own actions. Case 3:24-cv-00849-TJC-SJH Document 1 Filed 08/19/24 Page 6 of 15 PageID 6
CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 PLANTATION , FL 33324 | T: 954.606.5891 | WWW .CADOGAN LAW.COM 7 31. The offensive and discriminatory actions were so severe and
pervasive that they altered the terms and conditions of HAGAN ’s employment,
including causing HAGAN extreme stress and ultimately forced HAGAN to
resign from FM MEAT.
32. As a result of the hostile work environment, HAGAN has suffered
and continues to suffer damages, including but not limited to loss of income,
mental anguish, humiliation, anxiety, loss of enjoyment of life and embarrassment
and loss of fringe benefits.
33. FM MEAT blatant, intentional and willful disregard of the ADA and
its consequences for violations warrants punitive damages.
WHEREFORE, as to Count II, Plaintiff, HAGAN , demands judgment in his
favor against Defendant, FM MEAT for creation of a hostile work environment in
violation of the ADA and seeks back pay, compensatory damages, reinstatement
or front pay if not reinstated, interest, punitive damages, attorneys’ fees pursuant to 42 USC §12101, and costs, and such other further relief that this Court deems
just and equitable.
Case 3:24-cv-00849-TJC-SJH Document 1 Filed 08/19/24 Page 7 of 15 PageID 7
CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 PLANTATION , FL 33324 | T: 954.606.5891 | WWW .CADOGAN LAW.COM 8 COUNT III
AGAINST FM MEAT FOR RETALIATION UNDER A DA
34. HAGAN repeats and incorporates paragraphs 1 through 23, as
though fully stated herein.
35. By and through the course of conduct herein described, HAGAN
opposed h is supervisor’s discrimination and creation of a hostile work
environment that violated the ADA.
36. FM MEAT through the conduct of Corban Russell and other members
of management took adverse job actions against HAGAN because of h is
opposition to the discrimination and creation of a hostile work environment based
upon or motivated by his disability , by among other things, increasing scrutiny
upon HAGAN and subjecting HAGAN to perform duties prohibited such as
lifting, pushing and pulling.
37. The retaliatory actions were so severe and pervasive that they altered
the terms and conditions of HAGAN ’s employment, including causing HAGAN
extreme stress.
38. As a result of the retaliation , HAGAN has suffered and continues to
suffer damages, including but not limited to loss of income, mental anguish, Case 3:24-cv-00849-TJC-SJH Document 1 Filed 08/19/24 Page 8 of 15 PageID 8
CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 PLANTATION , FL 33324 | T: 954.606.5891 | WWW .CADOGAN LAW.COM 9 humiliation, anxiety, loss of enjoyment of life and embarrassment and loss of
fringe benefits.
39. FM MEAT blatant, intentional and willful disregard of the anti-
retaliation provisions of the ADA and its consequences for violations warrants
punitive damages.
WHEREFORE, as to Count III, Plaintiff, HAGAN , demands judgment in h is
favor against Defendant, FM MEAT for retaliation in violation of the AD A and
seeks back pay, compensatory damages, reinstatement or front pay if not reinstated, interest, punitive damages, attorneys’ fees pursuant to 42 USC §12101,
and costs, and such other further relief that this Court deems just and equitable.
COUNT IV
AGAINST FM MEAT FOR DISCRIMINATION (DISABILITY) UNDER FCRA
40. HAGAN repeats and incorporates paragraphs 1 through 23, as
though fully stated herein.
41. By and through the course of conduct herein described, FM MEAT
violated the FCRA by discriminating against HAGAN due to or motivated by his
disability , denying him equal terms and conditions of employment, and
constructively firing him because of h is disability and related medical conditions. Case 3:24-cv-00849-TJC-SJH Document 1 Filed 08/19/24 Page 9 of 15 PageID 9
CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 PLANTATION , FL 33324 | T: 954.606.5891 | WWW .CADOGAN LAW.COM 10 42. HAGAN has suffered and continues to suffer damages, including but
not limited to loss of income, mental anguish, humiliation, anxiety, loss of
enjoyment of life and embarrassment and loss of fringe benefits.
43. FM MEAT blatant, intentional and willful disregard of the ADA and
its consequences for violations warrants punitive damages.
WHEREFORE, as to Count I V, Plaintiff, HAGAN , demands judgment in her
favor against Defendant, FM MEAT for violation of the FCRA and seeks back pay,
compensatory damages, reinstatement or front pay if not reinstated, interest,
punitive damages, attorneys’ fees pursuant to Fla. Stat. §760.11, and costs, and
such other further relief that this Court deems just and equitable.
COUNT V
AGAINST FM MEAT FOR HOSTILE WORK ENVIRONMENT UNDER
FCRA
44. HAGAN repeats and incorporates paragraphs 1 through 23, as
though fully stated herein.
45. By and through the course of conduct herein described FM MEAT
through the conduct of Corban Russell and other members of management
harassed HAGAN because of or motivated by his disability in violation of the Case 3:24-cv-00849-TJC-SJH Document 1 Filed 08/19/24 Page 10 of 15 PageID 10
CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 PLANTATION , FL 33324 | T: 954.606.5891 | WWW .CADOGAN LAW.COM 11 FCRA by subjecting HAGAN to offensive acts about his disability and refusing to
accommodate him.
46. FM MEAT ’s harassment was severe, offensive and discriminatory
actions, nor did he invite or solicit them through his own actions.
47. The offensive and discriminatory actions were so severe and
pervasive that they altered the terms and conditions of HAGAN ’s employment,
including causing HAGAN extreme stress , and ultimately forced HAGAN to
resign from FM MEAT.
48. As a result of the hostile work environment, HAGAN has suffered
and continues to suffer damages, including but not limited to loss of income,
mental anguish, humiliation, anxiety, loss of enjoyment of life and embarrassment
and loss of fringe benefits.
49. FM MEAT blatant, intentional and willful disregard of the FCRA and
its consequences for violations warrant punitive damages.
WHEREFORE, as to Count V, Plaintiff, HAGAN , demands judgment in his
favor against Defendant, FM MEAT for creation of a hostile work environment in
violation of the FCRA and seeks back pay, compensatory damages, reinstatement
or front pay if not reinstated, interest, punitive damages, attorneys’ fees pursuant Case 3:24-cv-00849-TJC-SJH Document 1 Filed 08/19/24 Page 11 of 15 PageID 11
CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 PLANTATION , FL 33324 | T: 954.606.5891 | WWW .CADOGAN LAW.COM 12 to Fla. Stat. §760.11, and costs, and such other further relief that this Court deems
just and equitable.
COUNT VI
AGAINST FM MEAT FOR RETALIATION UNDER FCRA
50. HAGAN repeats and incorporates paragraphs 1 through 23, as
though fully stated herein.
51. By and through the course of conduct herein described, HAGAN
opposed FM MEAT ’s disability discrimination and creation of a hostile work
environment that violated the FCRA.
52. FM MEAT through the conduct of Corban Russell and other members
of management took adverse job actions against HAGAN because of his
opposition to the discrimination and creation of a hostile work environment, by
among other things, increasing scrutiny upon HAGAN and subjecting HAGAN
to perform duties prohibited such as lifting, pushing and pulling.
53. The retaliatory actions were so severe and pervasive that they altered
the terms and conditions of HAGAN ’s employment, including causing HAGAN
extreme stress.
54. As a result of the retaliation , HAGAN has suffered and continues to
suffer damages, including but not limited to loss of income, mental anguish, Case 3:24-cv-00849-TJC-SJH Document 1 Filed 08/19/24 Page 12 of 15 PageID 12
CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 PLANTATION , FL 33324 | T: 954.606.5891 | WWW .CADOGAN LAW.COM 13 humiliation, anxiety, loss of enjoyment of life and embarrassment and loss of
fringe benefits.
55. FM MEAT ’s blatant, intentional and willful disregard of the anti -
retaliation provisions of the FCRA and its consequences for violations warrants punitive damages.
WHEREFORE, as to Count VI, Plaintiff, HAGAN , demands judgment in his
favor against Defendant, FM MEAT for retaliation in violation of the FCRA and
seeks back pay, compensatory damages, reinstatement or front pay if not
reinstated, interest, punitive damages, attorneys’ fees pursuant to Fla. Stat.
§760.11, and costs, and such other further relief that this Court deems just and
equitable.
COUNT VII
AGAINST FM MEAT FOR RETALIATION UNDER WORKERS’
COMPENSATION ACT
56. HAGAN repeats and incorporates paragraphs 1 through 18, and 22
as though fully stated herein.
57. HAGAN filed a workers compensation claim following his on- the-job
injury. Case 3:24-cv-00849-TJC-SJH Document 1 Filed 08/19/24 Page 13 of 15 PageID 13
CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 PLANTATION , FL 33324 | T: 954.606.5891 | WWW .CADOGAN LAW.COM 14 58. Fla. Stat. §440.205 states that “ [n]o employer shall discharge, threaten
to discharge, intimidate, or coerce any employee by reason of such employee's
valid claim for compensation or attempt to claim compensation under the
Workers' Compensation Law.”
59. FM MEAT constr uctively discharged HAGAN by not providing a
reasonable accommodation and requiring HAG AN to perform duties which he
was prohibited from doing.
60. A motivating factor that caused FM MEAT to coerce and intimidate
HAGAN as described above was the request for workers compensation benefits
pursuant to Fla. Stat. Chap. §440 et. seq.
61. FM MEAT’s coercion and intimidation of HAGAN was in direct
violation and has caused Plaintiff to be damaged.
62. FM MEAT’s conduct in wrongfully coercing and intimidating
HAGAN was willful, wanton, and in reckless disregard of HAGAN’s rights and
therefore HAGAN reserves the right to move for punitive damages as discovery
progresses.
WHEREFORE, as to Count VII, Plaintiff, HAGAN , demands judgment in
his favor against Defendant, FM MEAT for retaliation in violation of Fla. Stat. Case 3:24-cv-00849-TJC-SJH Document 1 Filed 08/19/24 Page 14 of 15 PageID 14
CADOGAN LAW | 300 S. PINE ISLAND ROAD, SUITE 107 PLANTATION , FL 33324 | T: 954.606.5891 | WWW .CADOGAN LAW.COM 15 §440.205 and seeks back pay, compensatory damages, reinstatement or front pay
if not reinstated, interest, punitive damages, and costs, and such other further
relief that this Court deems just and equitable.
JURY TRIAL DEMAND
Plaintiff, HAGAN demands a trial by jury on all issues so triable.
Dated : August 19, 2024. Respectfully submitted,
By: /s/ Gina Cadogan
GINA MARIE CADOGAN
Fla Bar No: 177350
ABHISHEK V. RAMASWAMI
Fla. Bar. 1031719
Cadogan Law
300 S. Pine Island Road, Suite 107
Plantation, Florida 33324
Telephone: 954.606.5891
Facsimile: 877.464.7316
Email: [email protected]
Email: [email protected]
Email: [email protected]
Case 3:24-cv-00849-TJC-SJH Document 1 Filed 08/19/24 Page 15 of 15 PageID 15