Lawsuit: AJ's Oyster Shanty waitress says she was fired after reporting manager's assault
FORT WALTON BEACH — A waitress at a local seafood restaurant says she was fired hours after calling police about an assault that she said was part of ongoing harassment by a kitchen manager.
Now, she is suing AJ's Oyster Shanty LLC for job discrimination, according to a complaint filed Aug. 30 in the Northern District of Florida.
In case you missed it: 6 Holiday Isle residents sue neighbor they say is harassing them over beach access at Parcel B
Child abuse lawsuits settled: Okaloosa County School Board settles three child abuse lawsuits
The woman, 41, filed a charge of discrimination with the Equal Employment Opportunity Commission and the Florida Commission on Human Relations on May 24, 2021.
After a review of the available evidence, the FCHR issued a determination Nov. 19, 2021, stating "there is no reasonable cause to believe that an unlawful practice occurred."
The EEOC granted the waitress the right to sue June 14, 2022. The lawsuit argues the waitress endured gender discrimination and sexual harassment, as well as retaliation for speaking out.
Dana Matthews, attorney for AJ's Oyster Shanty LLC, said in a statement Tuesday that the restaurant had not yet been served with the waitress's lawsuit, but "will vigorously defend its malicious and false allegations."
"As AJ's attorney for 30 plus years, I have personal knowledge that AJ's employees are well taken care of, respected, and considered the life blood of the company," Matthews said in the statement. "AJ's has many employees with 15-25 years tenure, which is obviously a testament to the mutually beneficial relationship enjoyed for many years."
According to Matthews, AJ's Oyster Shanty has "many employee witnesses" who refute the allegations in the lawsuit, as well as video footage to back up their statements.
What the lawsuit argues
The woman worked as a server at AJ's Oyster Shanty in Fort Walton Beach from Feb. 8, 2021, until April 30, 2021, the complaint states.
Before she was fired, the complaint says management repeatedly told the waitress to "ignore" the kitchen manager's behavior and that "nothing would be done to change the situation." The lawsuit says the restaurant "sided" with the kitchen manager.
The waitress was initially assigned to the night shift, which the kitchen manager also worked. During the shift, the kitchen manager treated female staff "horribly" and called them sexually derogatory and demeaning names, according to the lawsuit.
In other news: Wrongful death: Legal battles ensue after indictment of Crestview officers for lethal struggle
The complaint says he would invade the woman's space by "standing within inches of her when there was no need to be that close" and would walk up behind her in "an attempt to scare her." He also is accused of insulting her appearance.
After reporting his treatment to management, the complaint says the waitress was switched to the day shift, which caused her pay to be reduced. The kitchen manager then began coming in at noon and his behavior "got worse," according to the lawsuit.
He continued to call the waitress derogatory names, and on one occasion, the complaint states he "flipped a sharp steak knife at her chest."
When she reported the incident to management, she was told it was not caught on camera and nothing was done, the lawsuit states. His behavior then became "even more violent" toward the waitress, according to the complaint.
On another occasion, the woman's complaint says he slammed her into the kitchen's soup well. Another manager told her the incident "did not happen" because it was not on camera.
Waitress seeks damages, trial by jury
The waitress then called police to file a report about the assault, and according to the lawsuit, was fired four hours later. When police asked to see surveillance video of the assault, the complaint says the restaurant refused without a warrant or subpoena.
The lawsuit states the restaurant's "failure to act" on the woman's complaints caused her to have anxiety and stress, and resulted in "tension and hostility" toward the waitress by the kitchen manager and other staff members.
The complaint further argues that there was no "substantive or reasonable justification" for the woman to be fired. According to the lawsuit, she had not previously been warned of poor job performance.
The lawsuit seeks to have the woman reinstated as a waitress and awarded her pay for past wages she would have earned, as well as other lost benefits. It also seeks compensatory damages, liquidated damages, attorney fees and a trial by jury.
This article originally appeared on Northwest Florida Daily News: AJ's Oyster Shanty waitress sues, says she was harassed and assaulted
