LAW OFFICE OF WESLEY F. WHITE2
2. Florida Statutes 92.57 provides:
92.57 Termination of employment of witness prohibited.
A person who testifiesin a judicial proceeding in response to a subpoena may not be dismissed from
employment because of the nature of the person’s testimony or because of absences
from employment resulting from compliance with the subpoena. In any civil action
arising out of a violation of this section, the court may award attorney’s fees and
punitive damages to the person unlawfully dismissed, in addition to actual damagessuffered by such person.History.
s. 1, ch. 90-185.
3. Contrary to the provisions of Florida Statutes 92.57, KRUIDBOS was terminated by Defendant on Thursday July 11, 2013 in retaliation for having testified on June 6, 2013, pursuant to a subpoena, before the circuit court in and for Seminole County in
State v. Zimmerman
, Case No. 2012-001083-CFA
. The nature of Plaintiff’s testimony related to the
by the State Attorney’s Office of its reciprocal discovery obligations under
the Florida Rules of Criminal Procedure, and under Florida and federal law. A copy of the
subpoena is attached hereto as “Exhibit A”. A copy of the letter of termination is attached heretoas “Exhibit B”.
4. The letter of termination dated July 11, 2013, and signed by Cheryl Peek,references Plaint
5. The letter of termination pretextually references other alleged misconduct of thePlaintiff. Notwithstanding those allegations of misconduct, but for the nature of
testimony Plaintiff would still be employed by Defendant.6. The unlawful conduct of Defendant in terminating Plaintiff was an intentional andknowing violation of the law
and of Plaintiff’s rights
, and purposefully, maliciously, directly, proximately, and foreseeably resulted in pecuniary damage to Plaintiff. Those damages include,
but are not limited to, loss of income, diminishment of Plaintiff’s ability to seek employmentelsewhere, damage to Plaintiff’s standing and reputation in the professional community, and
emotional distress.7. Plaintiff has complied with any conditions prerequisite to bringing this action.