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 UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.: 

JILLIAN LINARES

Plaintiff,

v. 

ATLANTIC & PACIFIC ASSOCIATION

MANAGEMENT, INC.

 Defendant, 

___________________________________/ 

COMPLAINT

COMES NOW the Plaintiff, JILLIAN LINARES, by and through the undersigned counsel, 

and hereby sues Defendant ATLANTIC & PACIFIC ASSOCIATION MANAGEMENT, INC., 

and alleges: 

INTRODUCTION

This is an action for equitable and monetary relief brought by Plaintiff to readdress the 

violations of Plaintiff’s rights pursuant to the Family Medical Leave Act (hereinafter “FMLA”),

29 U.S.C. Section 2612 (a)(1), and the anti-retaliatory provisions found in Section 2615 (a)(1) and 

(2), and (b) (1).

JURISDICTION VENUES AND PARTIES

1. This is an action for damages which amount exceeds Fifteen Thousand Dollars 

($15,000.00) exclusive of interest, attorney’s fees, and costs.

2. Plaintiff JILLIAN LINARES is a resident of Dade County, Florida, within the jurisdiction 

of this Honorable Court. Plaintiff is a covered employee for purposes of the FMLA.

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3. Defendant ATLANTIC & PACIFIC ASSOCIATION MANAGEMENT, INC. (hereinafter

ATLANTIC & PACIFIC ASSOCIATION, or Defendant) is a Florida corporation, having 

a place of business in Dade County, Florida, where the Plaintiff worked for Defendant, and 

at all times material hereto the Defendant was and is engaged in interstate commerce. 

4. The venue of this action is properly placed in the Southern District of Florida, Miami

Division, pursuant to 28 U.S.C. §1391(b), since the employment practices hereafter alleged 

to be unlawful, were committed in Dade County, within the jurisdiction of this Honorable 

Court. 

ALLEGATIONS COMMON TO ALL COUNTS

5. The Plaintiff JILLIAN LINARES is a 34 years old qualified female, member of the

protected class within the purview of 29 USC Section 2601, The Family & Medical Leave 

Act., who was employed by the Defendant. Plaintiff is a covered employee within the 

meaning of the FMLA.

6. The Defendant ATLANTIC & PACIFIC ASSOCIATION is a property management 

company. Defendant ATLANTIC & PACIFIC ASSOCIATION is engaged in an industry 

affecting commerce, who employs 50 or more employees for each working day during 

each of 20 or more calendar workweeks in the current or preceding calendar year. The 

Defendant is a covered employer within the meaning of the FMLA.

7. The Defendant ATLANTIC & PACIFIC ASSOCIATION employed Plaintiff JILLIAN 

LINARES from approximately April 2013 to January 31, 2019, or 5 years plus 8 months.

8. Plaintiff was hired as a full-time Administrative Assistant, and at the time of her 

termination, Plaintiff was paid a salary of approximately $936.00 weekly.

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9. Throughout her employment with the Defendant, the Plaintiff performed her duties in an 

exemplary fashion. The plaintiff possessed all the required skills, training, and 

qualifications for the job in question, and performed her duties without significant issue or 

controversy. 

10. On or around February 2018, Plaintiff informed her Manager Karol Collins and Regional 

Manager Shawn Santana that she was pregnant.

11. Around June 2018, Defendant notified Plaintiff about her rights under the FMLA and 

requested Plaintiff to designate her maternity leave as an FMLA qualified leave.

12. Plaintiff initiated her paperwork and timely submitted her request for a qualified 12 weeks 

of job-protected unpaid leave for the birth of her baby.

13. Plaintiff started her qualified 12 weeks FMLA leave on October 08, 2018. Plaintiff’s child 

was born the same day.

14. Plaintiff was scheduled to return to work on December 31, 2018.

15. On or about the first week of December, Plaintiff contacted Human Resources 

Representative Amanda Brandoff and informed her that she was scheduled to return to 

work on December 31, 2018, and that she was ready to begin working as planned. HR

Amanda Brandoff Amanda Brandoff told Plaintiff that she was looking for a new position 

for her and that upon her return she would have a new position.

16. On or about December 17, 2018, H.R. Dorabell LNU, contacted Plaintiff and informed her 

that starting December 31, 2018, she was no longer employed. Plaintiff informed H.R. 

Dorabell LNU, that Amanda Brandoff was looking for a new position for her. H.R. 

Dorabell LNU stated: “keep working with Amanda Brandoff then...”

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17. On December 21, 2018, Plaintiff was very concerned about her situation and she contacted 

Director of Condominiums Operation William Coleman, who stated that he had already a 

job opening for her and that he would contact H. R. Amanda Brandoff.

18. On December 26, 2018 William Coleman texted Plaintiff to request her to call him, because 

there was a job position available, Plaintiff called William Coleman and told him that she 

wanted the position. William Coleman promised to set up everything with Amanda

Brandoff.

19. On December 28, 2018, Plaintiff contacted Amanda Brandoff again, this time Amanda 

Brandoff told Plaintiff that she was working it out.

20. Plaintiff unsuccessfully tried to get her employment back, to no avail, and on or about 

January 25, 2019, Plaintiff received Cobra documents. These documents put an end to the 

Plaintiff’s hopes of being reinstated in her job and earning a living again.

21. Therefore, on or about December 31, 2018, the Plaintiff was wrongfully terminated and 

her rights under the provisions of the Family Medical Leave Act were violated. 

22. The defendant ATLANTIC & PACIFIC ASSOCIATION is subjected to the provisions of 

the Family and Medical Leave Act of 1993 (29 U.S.C. § 2601-2654), and the Plaintiff was 

entitled to the FMLA leave. However, Defendant interfered with Plaintiff’s protected rights 

under the FMLA. The Defendant in complete disregard of Plaintiff’s rights under the 

Family Medical Leave Act fired Plaintiff, preventing her from obtaining the benefits of an

FMLA maternity leave, and then continuing her job in her original position or in an 

equivalent position. 

23. Defendant willfully and wantonly denied or otherwise interfered with Plaintiff substantive 

rights under FMLA, 29 U.S.C. Sect 2615(a)(1), (a) (2), and 2615(b) (2) which states in 

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pertinent part: (b) Interference with proceedings or inquiries........(2) It shall be unlawful 

for any person to discharge or in any other manner discriminate against any individual 

because such individual—has given, or is about to give, any information in connection with 

any inquiry or proceeding relating to any right provided under this subchapter”

24. As a direct and proximate cause of Defendant’s willful, wanton, and malicious acts 

described in part above, Plaintiff has sustained damages for the loss of her employment, as 

well as the security and peace of mind it provided her. Plaintiff has incurred additional 

damages including lost wages, pain and suffering, mental anguish, and other damages 

connected with the loss of her job. 

25. Plaintiff seeks to recover damages pursuant to the Family Medical Leave Act, and any 

other remedy, as allowable by law.

COUNT I:

VIOLATION OF FAMILY & MEDICAL LEAVE ACT OF 1993;

INTERFERENCE WITH FMLA RIGHTS

26. Plaintiff JILLIAN LINARES re-adopts every factual allegation about the Family Medical 

Leave Act as stated in paragraphs 1-25 above as if set out in full herein. 

27. This is an action against corporate Defendant ATLANTIC & PACIFIC ASSOCIATION

for damages and injunctive relief for violation of the Family and Medical Leave Act of 

1993 (29 U.S.C. § 2601-2654).

28. At all times relevant and material, the Defendant ATLANTIC & PACIFIC 

ASSOCIATION, is an Employer under the FMLA, as defined in 29 U.S.C. § 2611(4). 

Defendant, was always pertinent to this Complaint, engaged in interstate commerce, and 

employed 50 or more employees within a 75 miles radius of the facility where Plaintiff 

worked. 

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29. Plaintiff JILLIAN LINARES is a qualified female member of the protected class within 

the purview of 29 USC Section 2601, The Family & Medical Leave Act.

30. The Defendant ATLANTIC & PACIFIC ASSOCIATION employed Plaintiff JILLIAN 

LINARES from approximately April 2013 to January 31, 2019, or 5 years plus 8 months.

31. Plaintiff was hired as a full-time Administrative Assistant, and at the time of her 

termination, Plaintiff was paid a salary of approximately $936.00 weekly.

32. Plaintiff had worked for ATLANTIC & PACIFIC ASSOCIATION for more than 1250 

hours in the 12 months preceding her need for medical leave.

33. At all times material, Plaintiff was qualified to perform her job of Administrative Assistant 

within the legitimate expectations of her employer. 

34. However, on or around February 2018, Plaintiff informed her Manager Karol Collins and 

Regional Manager Shawn Santana that she was pregnant.

35. Plaintiff initiated her paperwork and timely submitted her request for a qualified 12 weeks 

of job-protected unpaid leave for the birth of her baby.

36. Plaintiff started her qualified 12 weeks FMLA leave on October 08, 2018. Plaintiff’s child 

was born the same day.

37. Plaintiff was scheduled to return to work on December 31, 2018.

38. The first week of December 2018, the Plaintiff contacted Human Resources to decide to 

return to her work.

39. However, effective December 31, 2018, the Plaintiff was wrongfully terminated and her 

rights under the provisions of the Family Medical Leave Act were violated. 

40. Defendant ATLANTIC & PACIFIC ASSOCIATION is subjected to the provisions of the 

Family and Medical Leave Act of 1993 (29 U.S.C. § 2601-2654). Defendant interfered 

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with Plaintiff's rights. 

41. 29 U.S. CODE § 2615 states in pertinent part: 

a) Interference with rights 

(1) Exercise of rights 

It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or 

the attempt to exercise, any right provided under this subchapter.

(2) Discrimination 

It shall be unlawful for any employer to discharge or in any other manner discriminate 

against any individual for opposing any practice made unlawful by this subchapter.

42. Plaintiff was entitled to FMLA leave. However, Defendant in complete disregard of 

Plaintiff’s protected rights under the Family Medical Leave Act fired Plaintiff, preventing 

her from obtaining the benefits of FMLA to give birth, take care of her baby, and then 

continuing her job in her original position or in any equivalent position. 

43. Defendant willfully and wantonly denied or otherwise interfered with Plaintiff substantive 

rights under FMLA, 29 U.S.C. Sect 2615(a)(1), (a) (2), and 2615(b) (2) which states in 

pertinent part: (b) Interference with proceedings or inquiries........(2) It shall be unlawful 

for any person to discharge or in any other manner discriminate against any individual 

because such individual—has given, or is about to give, any information in connection with 

any inquiry or proceeding relating to any right provided under this subchapter”

44. As a direct and proximate cause of Defendant’s willful, wanton, and malicious acts 

described in part above, Plaintiff has sustained damages for the loss of her employment, as 

well as the security and peace of mind it provided her. Plaintiff has sustained mental, 

nervous, and emotional injury. Plaintiff has incurred additional damages including lost 

wages, pain and suffering, mental anguish, loss of capacity for the enjoyment of life, and 

other damages attendant with the loss of her job. These damages have occurred in the past, 

are occurring at present and will continue in the future.

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45. Plaintiff has retained the law offices of the undersigned attorney to represent her in this 

action and is obligated to pay reasonable attorneys’ fees. 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff JILLIAN LINARES respectfully requests that this Honorable Court will

grant judgment:

A. Finding that ATLANTIC & PACIFIC ASSOCIATION’S actions towards Plaintiff to 

be violative of the Plaintiff’s rights under the FMLA;

B. Awarding Plaintiff JILLIAN LINARES payment of all back wages, lost benefits, and 

other economic damages, including front pay, found by the Court to be due under 

FMLA;

C. Awarding Plaintiff an additional equal amount as liquidated damages for Defendant’s 

willful violation of the FMLA;

D. Granting such other and further relief as is just and proper;

E. Awarding Plaintiff costs, including a reasonable attorney’s fee.

JURY DEMAND

Plaintiff JILLIAN LINARES demands trial by jury of all issues triable as of right by jury. 

COUNT II:

VIOLATION OF FAMILY & MEDICAL LEAVE ACT OF 1993

RETALIATION FOR EXERCING FMLA RIGHTS

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46. Plaintiff JILLIAN LINARES re-adopts every factual allegation about the Family Medical 

Leave Act as stated in paragraphs 1-25 above as if set out in full herein. 

47. This is an action against corporate Defendant ATLANTIC & PACIFIC ASSOCIATION

for damages and injunctive relief for violation of the Family and Medical Leave Act of 

1993 (29 U.S.C. § 2601-2654).

48. At all times relevant and material, the Defendant ATLANTIC & PACIFIC 

ASSOCIATION, is an Employer under the FMLA, as defined in 29 U.S.C. § 2611(4). 

Defendant, was at all-time pertinent to this Complaint, engaged in interstate commerce and 

employed 50 or more employees within a 75 miles radius of the facility where Plaintiff 

worked. 

49. Plaintiff JILLIAN LINARES is a qualified female member of the protected class within 

the purview of 29 USC Section 2601, The Family & Medical Leave Act.

50. The Defendant ATLANTIC & PACIFIC ASSOCIATION employed Plaintiff JILLIAN 

LINARES from approximately April 2013 to January 31, 2019, or 5 years plus 8 months.

51. Plaintiff was hired as a full-time Administrative Assistant, and at the time of her 

termination, Plaintiff was paid a salary of approximately $936.00 weekly.

52. Plaintiff had worked for ATLANTIC & PACIFIC ASSOCIATION for more than 1250 

hours in the 12 months preceding her need for medical leave.

53. At all times material, Plaintiff was qualified to perform her job of Administrative Assistant 

within the legitimate expectations of her employer. 

54. However, on or around February 2018, Plaintiff informed her Manager Karol Collins and 

Regional Manager Shawn Santana that she was pregnant.

55. Plaintiff engaged in statutorily protected conduct by requesting FMLA leave.

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56. Plaintiff suffered a materially adverse action of a type that would dissuade a reasonable 

employee from engaging in statutorily protected activity. Specifically, Defendant 

terminated Plaintiff’s employment. 

57. There is a causal link between Plaintiff’s protected activity and the adverse action. 

58. Plaintiff was wrongfully terminated from her position in retaliation for exercising her rights 

under the Act thereby adversely affecting Plaintiff. 

59. Defendant ATLANTIC & PACIFIC ASSOCIATION is subjected to the provisions of the 

Family and Medical Leave Act of 1993 (29 U.S.C. § 2601-2654). Defendant retaliated 

against Plaintiff violating 29 U.S. CODE § 2615 and 29 C.F.R § 825.220 which states in 

pertinent part: 

§ 825.220 Protection for employees who request leave or otherwise assert FMLA rights. 

(a) The FMLA prohibits interference with an employee's rights under the law, and with 

legal proceedings or inquiries relating to an employee's rights. More specifically, the law 

contains the following employee protections: 

(1) An employer is prohibited from interfering with, restraining, or denying the exercise 

of (or attempts to exercise) any rights provided by the Act. 

(2) An employer is prohibited from discharging or in any other way discriminating 

against any person (whether or not an employee) for opposing or complaining about 

any unlawful practice under the Act. 

60. Plaintiff was entitled to FMLA leave. However, Defendant in complete disregard of 

Plaintiff’s protected rights under the Family Medical Leave Act, acting in bad faith, fired 

Plaintiff, preventing her from obtaining the benefits of FMLA maternity leave, and then 

continuing her job in her original position or in any equivalent position. 

61. Defendant willfully and wantonly denied, or otherwise interfered and retaliated against 

Plaintiff for her attempts to exercise substantive rights under the Family Medical Leave 

Act. 

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62. As a direct and proximate cause of Defendant’s willful, wanton, and malicious acts 

described in part above, Plaintiff has sustained damages for the loss of her employment, as 

well as the security and peace of mind it provided her. Plaintiff has incurred additional 

damages including lost wages, pain and suffering, mental anguish, and other damages 

connected with the loss of her job. 

63. Plaintiff has retained the law offices of the undersigned attorney to represent her in this 

action and is obligated to pay reasonable attorneys’ fees. 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff JILLIAN LINARES respectfully requests that this Honorable Court will

grant judgment:

A. Finding that ATLANTIC & PACIFIC ASSOCIATION’S actions toward Plaintiff to 

be violative of the Plaintiff’s rights under the FMLA.

B. Awarding Plaintiff JILLIAN LINARES payment of all back wages, lost benefits, and 

other economic damages, including front pay, found by the Court to be due under

FMLA;

C. Awarding Plaintiff an additional equal amount as liquidated damages for Defendant’s 

willful violation of the FMLA;

D. Granting such other and further relief as is just and proper;

E. Awarding Plaintiff costs, including a reasonable attorney’s fee.

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JURY DEMAND

Plaintiff JILLIAN LINARES demands trial by a jury of all issues triable as of right by jury.

DATED: May 27, 2020

 Respectfully submitted, 

 By: _/s/ Zandro E. Palma____

 ZANDRO E. PALMA, P.A.

 Florida Bar No.: 0024031

 9100 S. Dadeland Blvd.

 Suite 1500

 Miami, FL 33156

 Telephone: (305) 446-1500

 Facsimile: (305) 446-1502

 zep@thepalmalawgroup.com

 Attorney for Plaintiff

 

 

 

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