A sanitation worker who was employed with the City of Ocala for over 20 years claims he was fired in retaliation for reporting “malfeasance and gross negligence” under the whistleblower act.
The lawsuit was filed by attorney Marie Mattox of Tallahassee on behalf of her client, Jimmy Williams, in the fifth judicial circuit court of Marion County on Tuesday, October 10.
According to the complaint, Williams allegedly began his employment with the city in September 2001. At the time of his termination in April 2023, the complaint notes that Williams held the position of “Sanitation Worker I.”
In January 2023, Williams allegedly made “protected reporting under the whistle blower act” after he reported “misfeasance, malfeasance, and gross negligence” in reference to route distribution for vehicles used in the collection of waste.
According to Williams, he and another driver had the “biggest route,” which resulted in Williams being “unable to take breaks.”
Williams says that after he reported the issue in January, “no corrective action was taken.”
This past Spring, Williams alleges that he reported another coworker to his supervisor “under the whistle blower act” after he noticed the coworker “would wear his headphones at work while he was driving.”
After he made the report, Williams claims that on April 11, 2023, his supervisor asked him to train the same coworker on his “old route.” Williams says he told his supervisor that he “could not do so” because the route “belonged to another employee.”
According to Williams, his supervisor told him that if he would not assist the coworker, he should “clock out and go home.” After roll call, Williams says he “clocked out and went home,” according to the complaint.
On April 12, 2023, Williams received a letter asking him to visit Human Resources on the following day. During his visit to the department on April 13, 2023, Williams says he received a “notice of termination” that accused him of “not being a team player.”
After he was terminated, Williams says he denied the “spurious accusation of not being a team player” and asserted that he was terminated because he refused to train his coworker.
The complaint alleges that it was “not a common practice” to train coworkers on old routes, and that the incident was a “pretext aimed at creating a reason for” Williams’ termination.
Williams claims he was subjected to “retaliation” and “to disparate treatment, different terms and conditions of employment,” and a “different standard” of employment because he reported the city’s “unlawful employment activities,” according to the complaint. He claims he was “treated less favorably than co-workers” and cited examples of previous instances in which sanitation workers were not “reprimanded or terminated” for not instructing a coworker.
In his complaint, Williams suggests that other employees who have engaged in “more severe misconduct” have not been terminated. He cited a specific employee who allegedly “used a racial slur towards an African American coworker” and did not face “any disciplinary action or termination as a result.”
Before his termination, Williams says he “experienced greater scrutiny when compared to other employees.”
“Plaintiff was terminated in retaliation for his protected reporting under the public whistle blower act,” according to the complaint. It suggests his termination was the “adverse result” of reporting “violations of rules” and “malfeasance.”
Williams is seeking damages “in excess of $50,000, exclusive of costs and interest.”