UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.: 1:20-CV-_____________

MADELINE CLODFELTER,

Plaintiff,

v.

MIAMI DADE COUNTY, 

Defendant.

____________________________________/

COMPLAINT AND DEMAND FOR JURY TRIAL

INTRODUCTION

1. Plaintiff, MADELINE CLODFELTER, brings this action pursuant to the Family 

and Medical Leave Act, as amended, 29 U.S.C. § 2601, et seq. ("the FMLA"), to recover from 

Defendant, MIAMI DADE COUNTY, for back pay, an equal amount as liquidated damages, 

other monetary damages, equitable relief, front pay, declaratory relief, and reasonable attorneys' 

fees and costs.

JURISDICTION AND VENUE

2. This Court has jurisdiction over Plaintiff's claims pursuant to 28 U.S.C. §§ 1331 

and 1337, and 29 U.S.C. § 2617(a)(2).

3. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) (1) and (2) because the 

Defendant resides in this judicial district and a substantial part of the events and omissions giving 

rise to the claims alleged herein arose in this district.

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PARTIES

4. At all times relevant hereto, Plaintiff MADELINE CLODFELTER (“Plaintiff”) 

was an employee of Defendant MIAMI DADE COUNTY (“Defendant”).

5. Defendant is a political subdivision of the State of Florida and, hence, is an 

employer subject to the requirements of the FMLA pursuant to 29 U.S.C. § 2611(4)(A)(iii) and 

29 U.S.C. § 203(x). 

6. From July 21, 1986 until the present, Plaintiff worked for Defendant in various 

capacities, most recently working at Defendant's Miami-Dade Fire Rescue Department.

7. At all times relevant hereto, Plaintiff was an employee entitled to leave under the 

FMLA, based on the fact that she was employed by her employer for at least 12 months and 

worked at least 1,250 hours during the relevant 12-month period prior to her seeking to exercise 

her rights to FMLA leave.

FACTUAL ALLEGATIONS

8. In 2018, prior to taking FMLA Leave, Plaintiff was employed by Defendant as a 

Fire & Rescue Division Manager. Prior to this time, during her 33 years of service, Plaintiff had 

received periodic performance evaluations that were usually “outstanding”, although a few were 

“above satisfactory”. Plaintiff had not previously received a performance evaluation indicating 

that her performance “needs improvement.” 

9. Shortly before April 1, 2018, Plaintiff requested, and was approved for, 

intermittent leave pursuant to the FMLA from Monday, April 9, 2018 through Friday, June 29, 

2018. 

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10. Plaintiff completed her leave and made herself available for full-time work at her 

former position on the following workday after completion of her FMLA leave, Monday, July 2, 

2018.

11. On July 2, 2018, Plaintiff was informed that she was being demoted to the 

position of Special Project Administrator 1 in the Department of Transportation and Public 

Works. 

12. Defendant failed to permit Plaintiff to reassume her existing position or an

equivalent position. 

COUNT I – FMLA RETALIATION

13. Plaintiff realleges Paragraphs 1 through 12 above.

14. Plaintiff requested to take leave, and exercised her right to take leave, from work 

as permitted under the FMLA.

15. Defendant retaliated against Plaintiff because Plaintiff requested and took 

advantage of her FMLA leave by, specifically, demoting Plaintiff, reducing her salary, and 

refusing to restore Plaintiff to her prior or equivalent position upon her return from leave. 

16. At all times relevant hereto, Defendant acted with the intent to discriminate 

against Plaintiff, because Plaintiff exercised her right to take leave pursuant to the FMLA.

17. As a result of Defendant’s intentional, willful, and unlawful acts by 

discriminating against Plaintiff for exercising her rights pursuant to the FMLA, Plaintiff has 

suffered damages and incurred reasonable attorneys' fees and costs.

18. As a result of Defendant’s willful violation of the FMLA, Plaintiff is entitled to 

liquidated damages.

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WHEREFORE, Plaintiff requests that judgment be entered against Defendant for all 

damages recoverable under the FMLA, in addition to all litigation expenses and costs, including 

attorneys’ fees and any other lawful and equitable relief this Court deems to be just and proper.

COUNT II

FLMA INTERFERENCE

19. Plaintiff realleges Paragraphs 1 through 12 above.

20. At all material times, Plaintiff was entitled to leave under the FMLA.

21. Upon return from FMLA leave, Defendant refused to permit Plaintiff to reassume her 

existing position or an equivalent position. 

22. As a result of its refusal to return Plaintiff to her former or equivalent position, 

Defendant intentionally, willfully, and unlawfully interfered in Plaintiff’s exercise of her rights 

under the FMLA. 

23. As a direct and proximate result of the Defendant’s unlawful treatment, Plaintiff 

suffered damages.

24. Plaintiff is entitled to an award of reasonable attorney's fees, expert fees, costs,

and expenses related to this litigation under the FMLA.

WHEREFORE, Plaintiff requests that judgment be entered against Defendant for all 

damages recoverable under the FMLA, in addition to all litigation expenses and costs, including 

attorneys’ fees and any other lawful and equitable relief this Court deems to be just and proper.

JURY TRIAL DEMAND

Plaintiff requests a trial by jury on all claims stated herein for which Florida law provides 

a right to trial by jury. 

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Dated: June 11, 2020.

Respectfully submitted,

s/ Mark J. Beutler

Mark J. Beutler, Esq.

Florida Bar No. 0023400

Law Offices of Mark J. Beutler, P.A.

Dadeland Towers, Suite 600

9400 South Dadeland Boulevard

Miami, FL 33156

Tel: 305-487-0942 | Fax: 786-513-4651

E-mail: mjb@mjbpa.com

 jmm@mjbpa.com

Attorney for Plaintiff

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