Former Delray Beach resident Jennifer Smith and her West Palm Beach lawyer Robyn Sue Hankins on March 3 extended the reach of Florida's Deceptive and Unfair Trade Practice Act (FDUTPA). The 4th District Court of Appeals' unanimous, three-judge decision sends every business a stark message: When it comes to offering employee discounts or promises, don't renege or you could be nailed for heavy damages.
The 4th DCA reversed Palm Beach Circuit Court Judge Karen Miller's dismissal of Smith's suit. Miller ruled Smith had no legal claim under FDUTPA because that act was not intended to provide a remedy in that situation.
In the trial court, Smith said she could rely on another statute that prohibits an employer from discharging an employee for trading or dealing with any particular merchant. Smith insisted she was a consumer protected by FDUTPA. Miller, however, disagreed. But the 4th DCA expanded the reach of FDUTPA, reversing Miller.
"I'm ecstatic because it gives individuals a way to vindicate rights not previously recognized in Florida when a company commits illegal acts," said Hankins, a solo lawyer, who plans to join Beasley & Hauser in West Palm Beach in April. "Retaliation is an adverse job action now protected by law."
The unlawful trade practice law broadly embraces "unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce," according to the statute.
There is also a civil fine of $10,000 for each violation, the law states. If Smith wins, she also gets reimbursed legal fees and costs.
The case now heads for a future trial, the date for which hasn't been set. Meanwhile, a lawyers for the defendant, City Mazda, James S. Telepman of Cohen Norris Scherer Weinberger & Wolmer of North Palm Beach, said he plans to ask all 4th DCA judges to re-hear the case.
Former owner Lou Perrico in October sold City Mazda's assets to new owners (now City Place Mazda). City Place Mazda is not involved in the suit.
Smith said she is elated. "I wanted to prove a point: You can't do this to people." She also seeks damages.
A 13-year employee
Smith's saga unfolded after working at City Mazda in accounting for 13 years.
Smith said former owner Perrico, who lives in Pennsylvania and couldn't be reached for comment, promised his employees they could buy a new car at actual dealer cost or a used vehicle at $500, plus Perrico's cost.
Smith, a single mom supporting a 6-year-old daughter, eyeballed a previously leased 2001 Mazda MPV.