UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

PALM BEACH DIVISION 

DAVID RUSSEL WEDEKIND, 

 Plaintiffs, 

 

 vs. 

SCIENTIFIC INSTRUMENTSS, INC., a Florida 

Corporation, 

 

Defendant. 

_____________________________________/ 

COMPLAINT 

Plaintiff, DAVID RUSSEL WEDEKIND (hereinafter “WEDEKIND” or “Plaintiff”), sues 

Defendant, SCIENTIFIC INSTRUMENTSS, INC. (hereinafter “SCIENTIFIC 

INSTRUMENTSs”), and states: 

JURISDICTION AND VENUE 

1. This is an action pursuant to the Florida Civil Rights Act of 1992, Fla. Sta. Chapter 

760, et. seq ("FCRA"), the Americans with Disabilities Act (ADA) and the Age Discrimination in 

Employment Act (ADEA). 

2. WEDEKIND an individual citizen and resident of Palm Beach County, Florida and 

is within the jurisdiction of this honorable Court. 

3. SCIENTIFIC INSTRUMENTS is a Florida corporation conducting business in 

Palm Beach County, Florida and is within the jurisdiction of this Court. 

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4. SCIENTIFIC INSTRUMENTS’s principal place of business is in Palm Beach 

County, Florida. 

COMPLIANCE WITH PROCEDURAL REQUIREMENTS 

5. On or about May 27, 2021, WEDEKIND filed a charge of discrimination with the 

Palm Beach County Office of Equal Opportunity Commission, which was deemed to be dual-filed 

with the Florida Commission on Human Relations (FCHR). (Exh. A). 

6. More than 180-days passed after WEDEKIND filed his charge of discrimination 

and the Florida Commission on Human Relations never issued a determination on the charge. 

7. This action has been filed in a timely fashion and all conditions precedent or 

administrative prerequisites have been met or have been waived. 

FACTUAL ALLEGATIONS 

8. Defendant is in the developing and manufacturing of cryogenic measurement 

technology business. 

9. Plaintiff worked as a R&D Design and Test Engineer. 

10. WEDEKIND worked for Defendant from in or about June 17, 2017 through in or 

about November 20, 2020. 

11. The owner of SCIENTIFIC INSTRUMENTS, Leigh Ann Hoey, made it known TO 

to manager(s) that she did not want to hire additional needed people in order to keep the number 

of employees under fifty (50). Hoey told manager(s) that SCIENTIFIC INSTRUMENTS did this 

to avoid the application of the Family and Medical Leave Act (FMLA) to their business so as to 

avoid the leave obligations of the FMLA. 

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12. WEDEKIND occasionally missed work for health reasons. 

13. On or about November 16, 2020, WEDEKIND missed part of the work day due to 

a doctor’s appointment. WEDEKIND told his boss, Adam Kurland, that he had prostate cancer 

that same day. Kurland in turn informed Hoey of WEDEKIND’S cancer and Hoey responded that 

she “had enough” of WEDEKIND, or words to that effect, and fired him. 

14. WEDEKIND was fired due to perceived disability or disability as well as his age 

(65) after he told his boss, Adam Kurland, on or about November 16, 2020 that he had prostate 

cancer. 

15. SCIENTIFIC INSTRUMENTS fired WEDEKIND less than a week after 

SCIENTIFIC INSTRUMENTS’ owner learned of WEDEKIND’S cancer diagnosis. WEDEKIND 

was fired on November 20, 2020. 

16. Hoey told WEDEKIND on Friday November 20, 2020 that SCIENTIFIC 

INSTRUMENTS no longer required his services. No other explanation was provided to him. 

COUNT I 

VIOLATION OF FLORIDA CIVIL RIGHTS ACT

DISABILITY DISCRIMINATION 

17. SCIENTIFIC INSTRUMENTS, acting through its agent(s) was motivated in the 

unequal treatment of WEDEKIND by WEDEKIND’s disability when SCIENTIFIC 

INSTRUMENTS terminated WEDEKIND from his position in violation of Fla. Stat. § 

760.10(1)(a). 

18. The actions of SCIENTIFIC INSTRUMENTS as alleged herein were intentional. 

19. The actions of SCIENTIFIC INSTRUMENTS as alleged herein were taken with 

malice or with a reckless disregard of DIETRICK civil rights. 

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 WHEREFORE, WEDEKIND asks this Court to grant the following relief: 

a. Issue a declaratory judgment finding that SCIENTIFIC INSTRUMENTS 

conduct toward WEDEKIND violated the Florida Civil Rights Act; 

b. Enjoin and restrain SCIENTIFIC INSTRUMENTS and all other persons 

acting on behalf of, or in concert with them, from engaging in such unlawful practices; 

c. Enter judgment in favor of WEDEKIND and against SCIENTIFIC 

INSTRUMENTS together with prejudgment interest from the date of the violation, if 

available; 

d. Enter judgment in favor of WEDEKIND and against SCIENTIFIC 

INSTRUMENTS for compensatory (pain and suffering, pecuniary and non-pecuniary 

damages, mental anguish, loss of dignity and other intangible) damages, back pay, front 

pay and punitive damages pursuant to Fla. Stat. § 760.11 together with pre-judgment 

interest; 

e. Award WEDEKIND a reasonable attorney’s fee, pursuant to the Florida 

Civil Rights Act, Fla. Stat. § 760.11 together with the costs of this action; and 

f. Award such other and further legal and equitable relief as may be 

appropriate to redress fully the deprivation of WEDEKIND’s rights, to prevent 

reoccurrence of similar acts in the future and to protect SCIENTIFIC INSTRUMENTS 

other employees from such unlawful behavior. 

COUNT II 

VIOLATION OF ADA 

20. WEDEKIND re-alleges and adopts as if fully set forth in Count II the 

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allegations of paragraphs 1 through 16. 

21. Defendant was motivated in its unequal treatment of WEDEKIND because of 

its perception that he was disabled or actual disability (cancer) in violation of the Americans with 

Disabilities Act (ADA). 

22. Defendant engaged in unlawful employment practices in violation of the ADA 

when he was terminated. 

23. Defendant’ actions were intentional or were taken with reckless disregard of 

WEDEKIND's rights under the ADA. 

WHEREFORE, WEDEKIND asks this Court to grant the following relief: 

a. Issue a declaratory judgment finding that: Defendant’s conduct toward 

WEDEKIND violated the ADA; 

b. Enjoin and restrain Defendant and all other persons acting on behalf of, or 

in concert with them, from engaging in such unlawful practices; 

c. Enter judgment in favor of WEDEKIND and against Defendant for backpay 

in the amount of wages and fringe benefits it is determined that WEDEKIND has lost as 

a result of Defendant’s unlawful conduct, together with prejudgment interest from the date 

of the violations 

d. Enter judgment in favor of WEDEKIND and against Defendant for 

pecuniary and non-pecuniary compensatory damages together with pre-judgment interest; 

e. Award WEDEKIND punitive damages pursuant to 42 U.S.C. § 1981a; 

f. Award WEDEKIND a reasonable attorney’s fee, pursuant to 42 U.S.C. § 

1981a together with costs of this action; and 

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g. Award such other and further legal and equitable relief as may be 

appropriate to redress fully the deprivation of Plaintiff WEDEKIND’s rights, to prevent 

reoccurrence of similar acts in the future and to protect Defendant’ other employees from 

such unlawful behavior. 

COUNT III 

VIOLATION OF FLORIDA CIVIL RIGHTS ACT 

AGE DISCRIMINATION

24. WEDEKIND re-alleges and adopts as if fully set forth in Count III the allegations 

of paragraphs 1 through 16 and pleads the following in the alternative: 

25. SCIENTIFIC INSTRUMENTS, acting through its agent(s) was motivated in the 

adverse treatment of WEDEKIND by WEDEKIND’s age when SCIENTIFIC INSTRUMENTS 

terminated WEDEKIND from his position as R&D Design and Test Engineer in violation of Fla. 

Stat. § 760.10(1)(a). 

26. The actions of SCIENTIFIC INSTRUMENTS as alleged herein were intentional. 

27. The actions of SCIENTIFIC INSTRUMENTS as alleged herein were taken with 

malice or with a reckless disregard of WEDEKIND’s civil rights. 

 WHEREFORE, WEDEKIND asks this Court to grant the following relief: 

a. Issue a declaratory judgment finding that SCIENTIFIC INSTRUMENTS’s 

conduct toward WEDEKIND violated the Florida Civil Rights Act; 

b. Enjoin and restrain SCIENTIFIC INSTRUMENTS and all other persons 

acting on behalf of, or in concert with them, from engaging in such unlawful practices; 

c. Enter judgment in favor of WEDEKIND and against SCIENTIFIC 

INSTRUMENTS together with prejudgment interest from the date of the violation, if 

available; 

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d. Enter judgment in favor of WEDEKIND and against SCIENTIFIC 

INSTRUMENTS for compensatory (pain and suffering, pecuniary and non-pecuniary 

damages, mental anguish, loss of dignity and other intangible) damages, back pay, front 

pay and punitive damages pursuant to Fla. Stat. § 760.11 together with pre-judgment 

interest; 

e. Award WEDEKIND a reasonable attorney’s fee, pursuant to the Florida 

Civil Rights Act, Fla. Stat. § 760.11 together with the costs of this action; and 

f. Award such other and further legal and equitable relief as may be 

appropriate to redress fully the deprivation of WEDEKIND’s rights, to prevent 

reoccurrence of similar acts in the future and to protect SCIENTIFIC INSTRUMENTS 

other employees from such unlawful behavior. 

COUNT IV 

Violation of the ADEA 

24. WEDEKIND re-alleges and adopts as if fully set forth in Count III the allegations 

of paragraphs 1 through 16 and pleads the following in the alternative: 

25. Plaintiff was terminated due to his age in violation of the Age Discrimination in 

Employment Act (ADEA), 29 U.S.C. § 623(1). 

26. Defendant’s violation of the ADEA was willful and Plaintiff seeks liquidated 

damages for each violation. 

27. Plaintiff is entitled to the rights and remedies provided by the ADEA, 29 U.S.C. § 

216(b), including damage, liquidated damages, backpay and attorney’s fee. 

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JURY DEMAND 

 WEDEKIND demands trial by jury on all issues so triable. 

 

 Respectfully submitted, 

GARY A. COSTALES, P.A. 

1533 Sunset Drive, Suite 150

Miami, FL 33143

786-446-7288 Ext. 1001 

786-446-7298 Direct 

 (786) 323-7274 (facsimile) 

 /s Gary A. Costales 

Gary A. Costales, Esq. 

Florida Bar No. 0948829 

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