Ocniel Jean Paul Plaintiff vs. Seven Restaurants LLC Defendant

Case Background

On June 12, 2024, Ocniel Jean Paul filed a wrongful termination lawsuit against his employer Seven Restaurants LLC d/b/a Burger King. The lawsuit alleged disability discrimination and failure to accommodate as the employer failed to provide leave for him to manage his diabetes and removing him from the work schedule without any communication.

The case was filed in the Florida State, Broward County, Seventeenth Circuit Court. Judge Fabienne Fahnestock presided over the case. [Case number: CACE24008242]

Cause

Plaintiff Ocniel Jean Paul began working for Defendant Seven Restaurants LLC d/b/a Burger King in March 2023. He suffers from diabetes, a condition of which the Defendant was aware. In April 2023, the Plaintiff became ill and required time off to manage his condition. He informed the Defendant’s General Manager, Ms. Kelley, of his need for leave. She responded dismissively, stating she had worked for Defendant for 18 years without calling out and labeling Plaintiff as unreliable.

Subsequently, the Plaintiff was removed from the work schedule and received no further communication from the Defendant. This effectively ended his employment on April 20, 2023.

Damages

Defendant’s discriminatory and unlawful conduct caused Plaintiff to suffer financial, emotional, and professional harm over time

As a result, Plaintiff, Ocniel Jean Paul, sought judgment against Defendant, Seven Restaurants, LLC, operating as Burger King. Plaintiff requested all damages available under the Florida Civil Rights Act of 1992, including punitive damages, attorney’s fees, costs, and expenses. Plaintiff also sought any additional relief the Court found just and appropriate.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Ocniel Jean Paul
    • Counsel for Plaintiff(s): Chad Evan Levy
  • Defendant(s): Seven Restaurants LLC d/b/a Burger King

Claims

Count I: Florida Civil Rights Act of 1992 – Disability Discrimination

Defendant discriminated against Plaintiff by altering the terms and conditions of his employment. Plaintiff’s continued employment was denied due to his disability or the Defendant’s perception of it. Defendant’s discriminatory actions, as described, violated the Florida Civil Rights Act of 1992.

Count II: Florida Civil Rights Act of 1992 – Failure to Accommodate

Plaintiff, a qualified individual with a disability, informed Defendant of his condition. Despite being aware of Plaintiff’s disability, Defendant failed to provide reasonable accommodations that would have enabled him to perform the essential functions of his role. Plaintiff requested accommodations, which existed and were feasible, yet Defendant denied these requests.

Defendant’s failure to accommodate Plaintiff’s disability, as outlined, constituted a violation of the Florida Civil Rights Act of 1992.

Jury Verdict

On November 13, 2024, the jury delivered a verdict in favor of the Plaintiff, awarding him $30,368.00 in damages. The award included compensation for past lost earnings and future loss of earning capacity.
On November 14, 2024, Hon. Fabienne Fahnestock filed

Court Documents:

Complaint