Orlando, FL (PRWEB) September 27, 2011
According to the Middle District of Florida's Court records on a case filed by Arcadier and Associates, P.A., on August 16, 2011, a Jury found Mr. Sei ("Sam") Pak liable for retaliating against three former drivers of Appliance Direct, Inc., case number: 6:09-cv-00224-GJK. Mr. Pak is the CEO of Appliance Direct, and awarded the 3 drivers $90,000.00 for their loses.
The case has an interesting background. In February 2008, these same three drivers filed an overtime lawsuit against Appliance Direct, Inc. and Mr. Pak, case number: 6:08-cv-317-Orl-19DAB. The drivers prevailed on their overtime claims and were awarded a Judgment for their unpaid overtime in April 2009. While the drivers were awaiting the Court to enter Judgment, Mr. Pak terminated the drivers. The Drivers were sure that Mr. Pak fired them because of their overtime lawsuit, and filed a new lawsuit against Appliance Direct and Mr. Pak, case number: 6:09-cv-00224-GJK. After more than 2 and a half years of litigation, including overturning the Judge at the 11th Circuit Court of Appeals, the Plaintiffs prevailed when the Jury awarded the drivers $90,000.00 for their loses.
The lawsuit was filed under a law known as the Fair Labor Standards Act, 29 U.S.C. 215(a)(3). The law states that an employer is not permitted to retaliate against an employee who has asserted their right to be paid correctly pursuant to the overtime laws.
In addition to the Judgments entered, there are currently pending motions filed by the drivers for liquidated damages and attorney fees against Mr. Pak which could subject Mr. Pak to hundreds of thousands of dollars in additional liability.
The Plaintiffs were represented by Maurice Arcadier, from Arcadier and Associates, P.A. Mr. Arcadier is a Board Certified attorney in Labor and Employment law and has sued and recovered multiple judgments against Mr. Pak and Appliance Direct, Inc. during the past five years. Mr. Arcadier states that he has been litigating against Appliance Direct and Sei Pak since 2006 and has been successful in achieving multiple judgments against them including Judgments for Sexual Harassment, Retaliation, and Overtime claims. Mr. Arcadier further stated, "Its a shame that Appliance Direct and Mr. Pak have taken an unreasonable approach to litigation. I have had to go through Jury Verdicts, Appeals at both the Federal and State level, and fight Appliance Direct in Bankruptcy Court, but Appliance Direct and Mr. Pak continue to be unreasonable. There is a time for defending yourself in Court and a time to step up to the plate and pay for the mistakes you have made. No one is above the law and our jurisprudence system of justice will ultimately prevail; eventually, after the litigation process is moved through fruition, Mr. Pak and Appliance Direct will have to pay on the Judgments."
Appliance Direct, Inc. is currently undergoing bankruptcy Chapter 11 proceedings in the Middle District of Florida, case number 6:10-bk-9695-KSJ, and trying to reorganize its debts including judgments against it for Sexual Harassment lawsuits, and overtime claims. Appliance Direct, Inc. has legally changed its name from Appliance Direct, Inc. to GROJ of the West, Inc. According to urban dictionary, GROJ is an acronym for Get Rid of Junk.