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Case 9:12-cv-80304-DMM Document 1 Entered on FLSD Docket 03/16/2012 Page 1 of 36

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CARLY SINGER,

CASE NO.:

Plaintiff,
vs.
LATITUDE SOLUTIONS, INC., a foreign
profit corporation, and MATTHEW J.
COHEN, an individual,
Defendants.
_______________________________/
COMPLAINT
Plaintiff, CARLY SINGER (“Plaintiff” or “SINGER”), hereby sues Defendants,
LATITUDE SOLUTIONS, INC. (“LATITUDE”), a foreign profit corporation, and
MATTHEW J. COHEN (“COHEN”), an individual, and alleges:
NATURE OF ACTION
1.

This is an action for assault, battery, intentional infliction of emotional

distress, negligent infliction of emotional distress, negligent hiring, negligent retention,
negligent supervision and training, negligent misrepresentation, violation of the Florida
Private Whistleblower’s Protection Act (“WPA”), Florida Statutes §§ 448.101-105,
invasion of privacy, sexual harassment, and retaliation under the Florida Civil Rights
Act, (“FCRA”)Florida Statutes § 760.01, et seq. and the Civil Rights Act of 1964, (“Title
VII”), 42 U.S.C. §2000 et seq.
JURISDICTION & VENUE
2.

This Court has jurisdiction over this action pursuant to 28 U.S.C. §§1331,

1337 and 42 U.S.C. §2000e-5(f).

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3.

Plaintiff invokes this Court’s supplemental and pendant jurisdiction over all

of Plaintiff’s state law claims, which arise out of the same nucleus of operative facts as
the federal claims alleged herein.
4.

Venue is proper in this Court under 28 U.S.C. §1331(b) because a

substantial part of the events or omissions giving rise to the claims occurred in this
district.
PARTIES
5.

At all times material hereto, Plaintiff SINGER was and is a resident of Palm

Beach County, Florida.
6.

At all times material hereto, Defendant COHEN was and is a resident of

Palm Beach County, Florida, and is sui juris.
7.

At all times material hereto, Defendant LATITUDE was and is a corporation

organized and existing under the laws of the State of Nevada, and is authorized to do
business in the State of Florida and was, in fact, engaged in business in Palm Beach
County, Florida.
GENERAL ALLEGATIONS
The Employer-Employee Relationship(s)
8.

At all times material hereto, Defendant LATITUDE employed at least 15

(15) individuals during the relevant time period of the statutes implicated in this
Complaint.
9.

At all times material hereto, SINGER was an employee of Defendant

LATITUDE as defined by Title VII, the FCRA and Fla. Stat. § 448.101(2).

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10.

At all times material hereto, Defendant LATITUDE was Plaintiff SINGER’s

employer, as defined by Title VII, the FCRA and Fla. Stat. § 448.101(3).
11.

At all times material hereto, Defendant COHEN was and is an employee of

Defendant LATITUDE, as defined by Title VII, the FCRA and Fla. Stat. § 448.101(2).
12.

At all times material hereto, Defendant LATITUDE was and is Defendant

COHEN’s employer, as defined by Title VII, the FCRA and Fla. Stat. § 448.101(3).
13.

At all times material, Defendant COHEN was the Chief Financial Officer

(“CFO”) of LATITUDE and had significant management responsibilities for the company.
The Sexual Harassment and Sexual Assault
14.

In the course of her employment with LATITUDE, SINGER was subjected

to quid pro quo sexual harassment and unwelcome sexual harassment, sexual
advances and other conduct of a sexual nature.
15.

The sexual harassment endured by SINGER was based on her female

gender.
16.

The unwelcome sexual harassment and sexual advances that SINGER

endured was sufficiently serious as to alter the terms and conditions of her employment
and ultimately resulted in her separation from employment with LATITUDE.
17.

A legal basis exists to hold LATITUDE liable for the sexual harassment that

SINGER endured.
18.

SINGER worked for LATITUDE as an Executive Assistant to Chief

Executive Officer, Harvey Kaye beginning in February 2011. However, SINGER was
also subordinate to COHEN as the CFO of the LATITUDE.
19.

SINGER is a single woman in sole support of herself, is a cancer survivor

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and in need of continuity of employment to maintain her group medical benefits.
20.

On or about the middle of November, 2011, Defendant, COHEN, came into

SINGER’s office and informed her that things were not going well financially for
LATITUDE. SINGER was concerned that she might lose her job as a result.
21.

After pronouncing the company’s financial issues, COHEN then grabbed

the chair SINGER was sitting on and rolled it towards him and kissed SINGER.
22.

From that time until the late in November 2011, COHEN repeatedly sent

SINGER inappropriate texts during and after hours.

Said texts included distasteful

sexual advances (e.g., “u won’t get scared when 9 inches of steel is shoved down your
throat”) and obscene nude pictures, including males and their penis. Most of the time,
SINGER did not respond. When she did respond, it was because she feared losing her
job if she ignored COHEN. She tried to make light of COHEN’s texts with humor and
specifically avoided his hideous and embarrassing remarks.
23.

At the end of November 2011, after almost everyone in at LATITUDE had

gone home, COHEN buzzed SINGER on the intercom to come into his office.
24.

When SINGER went into COHEN’s office, he told her to close the door;

COHEN came up behind SINGER and locked the door.
25.

COHEN unbelted his pants and pulled them down to reveal his penis.

26.

SINGER froze in complete fear of what would happen next.

27.

COHEN told SINGER that he would protect her job with LATITUDE and

then reached for his penis.
28.

COHEN put his arm on SINGER’S shoulder, pushed SINGER to her knees,

and pushed her head down onto his penis.

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29.

In panic for what COHEN might do, in fear of losing the job she so

desperately needed, and feeling she was left with no other choice, SINGER did as
COHEN forced her to do. She performed oral sex upon him.
30.

From that time forward on a weekly basis, COHEN would demand that

SINGER come to his office behind closed doors and perform oral sex upon him.
31.

Whenever it was quiet in the office and SINGER was alone in the kitchen,

COHEN would slap SINGER on her bottom, push her up against the kitchen counter
from behind and push his penis against her bottom; at times, he would grab her and
kiss her.
32.

COHEN also continued his unwanted and inappropriate texts and

repeatedly bragged to SINGER about his extra marital affairs.
33.

SINGER perceived COHEN’s conduct as sexual harassment, and this

perception is reasonable.
34.

SINGER did not encourage nor welcome the harassment described in

paragraphs above. Rather, SINGER felt her job was conditioned on her acquiescing to
COHEN’s sexual demands.
35.

SINGER was not aware of any sexual harassment policy of LATITUDE;

nor was she aware of any employee of LATITUDE to whom she could complain about
sex harassment. Upon information and belief, LATITUDE had no internal policies and
codes of conduct concerning sexual harassment in the workplace at all times material to
this Complaint.
Terminations Commence
36.

In or about the beginning of February 2012, SINGER learned that her

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direct supervisor CEO, Mr. Kaye would be terminated.

Several employees were

terminated from LATITUDE, including SINGER’’s boss, Mr. Kaye.
37.

COHEN, however, assured SINGER that her job would not be eliminated;

that he would make sure he saved her, and even said that he told the Committee 1 that
they should keep SINGER because she “is very good with men.”
38.

COHEN informed SINGER that Human Resources Director Nancy Greco

(“Greco”), had voted to terminate her, and COHEN saved SINGER’s job, but that
SINGER would have to take a twenty-five per cent (25%) decrease in pay to keep her
job.
39.

COHEN then told SINGER that he personally would pay her the difference

in her decrease in pay to subsidize her income so that she would not experience a
reduction in pay, with the expectation that SINGER would continue to perform oral sex
upon him.
40.

In or about February 4, 2012, SINGER approached COHEN about

receiving subsidized pay from him as he promised to pay.
41.

COHEN informed SINGER that he was not going to pay her what he had

promised and, thereafter, he began threatening to terminate her job.
The February 4, 2012 Proposed Meeting
42.

After all the fear, anguish, humiliation and embarrassment SINGER had

been subjected to during her seemingly endless months of sexual harassment and
abuse inflicted upon her by COHEN; SINGER now knowing that, in spite of all she had
endured in exchange for COHEN’s promises of job security and full pay, COHEN was
1

The Committee included New Chief Executive Officer Jeffrey A. Wohler, Director
Michael H. Gustin, and Independent Director John Paul DeJoria.
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reneging on those promises, SINGER could no longer keep COHEN’s sexual
harassment to herself.
43.

On February 4, 2012, SINGER called the new CEO Jeffrey Wohler

(“Wohler”), who replaced Mr. Kaye, and gave LATITUDE formal notice that she had
been subjected to sexual harassment, battery and assault by COHEN; SINGER also
informed COHEN’s wife, Debbie Cohen.
44.

Wohler asked SINGER to attend a barbeque to meet with another Board

Member, Michael Gustin, to discuss everything that had happened to SINGER.
45.

When SINGER called back to schedule the time to meet, her call was not

answered nor ever returned by Wohler; SINGER then texted Wohler, but here too,
SINGER received no response.
46.

Instead Greco contacted SINGER and told SINGER that she had been

with Wohler and Gustin all day discussing the allegations. Greco accused SINGER of
being a “fucking liar” and told her not to come into the office on Monday for work.
SINGER was upset, angry and distraught by LATITUDE’s failure to investigate her
formal complaint or to discuss the complaint with her, and based on the fact that she
had been told not to come to work SINGER believed that she had been terminated.
47.

SINGER believed that LATITUDE was retaliating against her for reporting

COHEN’s conduct to Wohler.
48.

Defendant LATITUDE failed and refused to take appropriate action

against COHEN after SINGER notified LATITUDE that COHEN sexually harassed and
assaulted and battered her.

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The Police Reports
49.

Later that evening, upon information and belief, someone from LATITUDE

called the police relative to SINGER. At 2:30 a.m., SINGER awoke to her telephone
ringing; when she answered it was the City of Delray Beach Police Department, who
informed her that they were downstairs and asked to meet with her; SINGER was
“Baker Acted”, 2 placed in handcuffs and brought to South County Mental Health Center.
50.

SINGER was released just before noon on Sunday, February 5, 2012,

after passing a full mental examination and drug testing.
51.

Soon after SINGER returned home Mrs. Cohen began calling and texting

SINGER repeatedly. Mrs. Cohen was screaming on the phone and texting incessantly.
52.

Knowing no other way to stop Ms. Cohen’s unceasing calls and texts,

SINGER filed a harassment report with the Delray Beach Police Department.
53.

An hour later, the police showed up at SINGER’s home and the officer

responding stated that the policed department received a similar harassment complaint
from Mrs. Cohen.
54.

After speaking with SINGER and reviewing the calls and texts she

received from Mrs. Cohen, the police officer responding to SINGER’s home called Mrs.
Cohen several times but with negative results. He then left Mrs. Cohen a voicemail
advising her to stop texting SINGER. A copy of the Incident/Investigation Report is
attached hereto and marked as Exhibit “1”.

2

The Baker Act is the Florida Mental Health Act. This legislation is in regards to
involuntary commitment of individuals to mental health institutions for evaluation.
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The Meeting with LATITUDE’s Legal Counsel’s Investigator
55.

Late in the afternoon of February 5, 2012, SINGER was contacted by

Karen Moss, an investigator hired by DLA Piper, the law firm which represents
Defendant LATITUDE. Ms. Moss requested a meeting to investigate SINGER’s sexual
harassment allegations against COHEN.
56.

On Monday morning, February 6, 2012, Wohler contacted SINGER and

screamed at her that she had to speak with Ms. Moss; but, when SINGER called back,
the receptionist told her that she was not allowed to speak with SINGER and SINGER
could hear Wohler in the background saying “is that her; just put the fucking phone
down.”
57.

On Tuesday, February 7, 2012, Ms. Moss contacted SINGER and

informed SINGER that she still wanted to meet with SINGER but that she was leaving
town the next day. Hence, SINGER met with Ms. Moss that evening at 10:30 p.m. for
approximately two (2) hours. Because SINGER did not trust LATITUDE, she wanted to
memorialize the meeting with Ms. Moss. Ms. Moss agreed to and allowed the entire
conversation to be tape-recorded and SINGER shared all the facts and circumstances
of COHEN’s sexual harassment, including the various texts from COHEN.
58.

On Wednesday, February 8, Ms. Moss called SINGER. Wohler, Gustin

and Greco were also present for the conference call. SINGER, again, requested to tape
record the conference call because she did not trust LATITUDE. Everyone present for
the conference call agreed to be tape-recorded. During the conversation, Ms. Moss
stated that COHEN had admitted all of SINGER’s allegations and that COHEN’s keys
had been taken away from him and that he was not allowed presently to work onsite at

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LATITUDE.
59.

Although Ms. Moss told SINGER that she could come back to work at

LATITUDE, SINGER knew that it would be extremely difficult, if not impossible, for her
to return to LATITUDE under the circumstances. SINGER learned that Ms. Moss’ and
LATITUDE’s assurance that COHEN would be punished was not truthful. Not only is
COHEN still employed by LATITUDE, but, he has been promoted to Chairman of the
Board of Directors of the company. Thus, SINGER could not return to work where
COHEN would still have control over her employment and she would be in a
subordinate position to him subject once again to his demands. No reasonable person
would have returned to work under those circumstances and SINGER believed she
was, therefore, constructively discharged by LATITUDE.
Representation of Counsel & Conditions Precedent
60.

Plaintiff has retained the undersigned attorneys and has agreed to pay a

reasonable fee in return for their services.
61.

On or about February 16, 2012, Plaintiff timely filed a Charge of

Discrimination with the Equal Employment Opportunity Commission (“EEOC”) for sexual
harassment, sex discrimination and retaliation, which was dually filed with the Florida
Commission on Human Relations (“FCHR”). A true and correct copy of the
aforementioned Charge of Discrimination is attached hereto and marked as Exhibit
“2”. The EEOC issued a Notice of Right to Sue on March 8, 2012 on the grounds that it
would not be able to investigate the allegations in 180 days. A true and correct copy of
the aforementioned Notice of Right to Sue is attached hereto and marked as Exhibit
“3”.

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62.

FCHR has deferred the investigation to the EEOC who has since issued

the Notice of Right to Sue.
63.

Plaintiff has complied with all conditions precedent prior to bringing this

action.
COUNT I - ASSAULT
(AGAINST COHEN)
64.

This is an action by Plaintiff CARLY SINGER against Defendant COHEN

for the common law assault of SINGER. This cause of action is pled in alternative to
and in conjunction with all other counts in this Complaint.
65.

Plaintiff reincorporates and re-alleges the allegations of paragraphs 1

through 63 as if fully set forth herein.
66.

On or about the middle of November 2011 through the beginning of

February 2012, Defendant COHEN, while on and within the premises of Defendant
LATITUDE, willfully verbally and physically threatened and assaulted SINGER.
Specifically, the physical assault resulted in the unwanted touching of SINGER’s bottom
in a sexual and inappropriate manner, the unwanted pushing of COHEN’S penis against
SINGER’S bottom; and the forcing of COHEN on SINGER to perform oral sex upon
him.
67.

Defendant COHEN acted with the intent to either: (a) cause a harmful or

offensive contact with SINGER’s person; or (b) cause SINGER to have an imminent
apprehension of such a contact.
68.

Defendant COHEN’s actions caused SINGER to actually have a

reasonable apprehension of immediate harmful or offensive contact to her person.

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69.

Defendant COHEN had the apparent ability to effectuate such harmful or

offensive contact.
70.

SINGER did not welcome, encourage or consent to this touching of

SINGER’s bottom in a sexual and inappropriate manner, unwanted pushing of
COHEN’S penis against SINGER’S bottom, and forcing of COHEN on SINGER to
perform oral sex upon him.
71.

Defendant COHEN’s actions have caused SINGER to sustain severe,

grievous and permanent injuries, mental pain and suffering, grief, anguish, the inability
to lead normal life, loss of earnings and/or impairment of earnings capacity, and other
damages; said injuries are either permanent or continuing in nature and SINGER will
suffer such losses in the future.
WHEREFORE, Plaintiff CARLY SINGER prays for judgment against Defendant
COHEN, reserves the right to assert punitive damages, and requests an award of
damages; prejudgment interest; costs; and any other relief the Court deems just,
equitable, and proper.
COUNT II - VICARIOUS LIABILITY FOR ASSAULT
(AGAINST LATITUDE)
72.

This is an action by Plaintiff CARLY SINGER against Defendant

LATITUDE for the common law assault of SINGER based on the theory of vicarious
liability. This cause of action is pled in alternative to and in conjunction with all other
counts in this Complaint.
73.

Plaintiff reincorporates and re-alleges the allegations of Paragraphs 1

through 63 as if fully set forth herein.

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74.

On or about the middle of November 2011 through the beginning of

February 2012, Defendant COHEN, while on and within the premises of Defendant
LATITUDE willfully verbally and physically threatened and assaulted SINGER.
Specifically, the physical assault resulted in the unwanted touching of SINGER’s bottom
in a sexual and inappropriate manner, the unwanted pushing of COHEN’S penis against
SINGER’S bottom, and the forcing of COHEN on SINGER to perform oral sex upon
him.
75.

Defendant COHEN’s actions have caused SINGER to sustain severe,

grievous and permanent injuries, mental pain and suffering, grief, anguish, the inability
to lead normal life, loss of earnings and/or impairment of earnings capacity, and other
damages; said injuries are either permanent or continuing in nature and SINGER will
suffer such losses in the future.
76.

Defendant COHEN acted with the intent to either: (a) cause a harmful or

offensive contact with SINGER’s person; or (b) cause SINGER to have an imminent
apprehension of such a contact.
77.

Defendant COHEN’s actions caused SINGER to have a reasonable

apprehension of immediate harmful or offensive contact to her person.
78.

Defendant COHEN had the apparent ability to effectuate such harmful or

offensive contact.
79.

SINGER did not welcome, encourage or consent to this touching of

SINGER’s bottom in a sexual and inappropriate manner, unwanted pushing of
COHEN’S penis against SINGER’S bottom, and forcing of COHEN on SINGER to
perform oral sex upon him.

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80.

At all times material, Defendant COHEN was an employee of Defendant

LATITUDE with supervisory authority over SINGER.
81.

COHEN used his supervisory authority to assault, molest and/or batter

SINGER.
82.

COHEN’s wrongful acts occurred within the scope of or incident to his

employment with LATITUDE at LATITUDE’s place of business during normal working
hours.
83.

LATITUDE is vicariously liable for the assault of SINGER by COHEN, as

COHEN was assisted in the molestation of SINGER, by virtue of the employeremployee relationship.
84.

LATITUDE’s fault contributed to SINGER’s injuries in a foreseeable

manner.
WHEREFORE, Plaintiff CARLY SINGER prays for judgment against Defendant
LATITUDE, reserves the right to assert punitive damages and requests an award of
damages; prejudgment interest; costs; and any other relief the Court deems just,
equitable, and proper.
COUNT III - BATTERY
(AGAINST COHEN)
85.

This is an action by Plaintiff CARLY SINGER for common law battery

against Defendant COHEN.

This cause of action is pled in alternative to and in

conjunction with all other counts in this Complaint.
86.

Plaintiff reincorporates and re-alleges the allegations of Paragraphs 1

through 63 as though fully set forth herein.

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87.

On or about the middle of November 2011 through the beginning of

February 2012, Defendant COHEN, while on and within the premises of Defendant
LATITUDE, sexually battered SINGER by kissing her, touching her bottom in a sexual
and inappropriate manner, pushing his penis against SINGER’S bottom, and forcing
SINGER to perform oral sex upon him.
88.

Defendant COHEN made an affirmative act with the intent to cause a

harmful or offensive contact upon SINGER’s person.
89.

Defendant COHEN actually caused a harmful or offensive contact upon

SINGER’s person.
90.

Defendant COHEN touched SINGER’s person in a way that would be

harmful or offensive to a reasonable person.
91.

Defendant COHEN touched SINGER in a sexually inappropriate manner

and in so doing abused his authority as a supervisor at LATITUDE.
92.

SINGER did not welcome, encourage or consent to COHEN kissing her or

his touching of SINGER’s bottom in a sexual and inappropriate manner, his unwanted
pushing of his penis against SINGER’S bottom, and his forcing SINGER to perform oral
sex upon him.
93.

Defendant COHEN’s actions have caused SINGER to sustain severe,

grievous and permanent injuries, mental pain and suffering, grief, anguish, the inability
to lead normal life, loss of earnings and/or impairment of earnings capacity, and other
damages; said injuries are either permanent or continuing in nature and SINGER will
suffer such losses in the future.

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WHEREFORE, Plaintiff CARLY SINGER prays for judgment against Defendant
COHEN, reserves the right to assert punitive damages and requests an award of
damages; prejudgment interest; costs; and any other relief the Court deems just,
equitable, and proper.
COUNT IV - VICARIOUS LIABILITY FOR BATTERY
(AGAINST LATITUDE)
94.

This is an action by Plaintiff CARLY SINGER for common law battery

against Defendant LATITUDE based on the theory of vicarious liability. This cause of
action is pled in alternative to and in conjunction with all other counts in this Complaint.
95.

Plaintiff reincorporates and re-alleges the allegations of Paragraphs 1

through 63 as though fully set forth herein.
96.

At all times material, Defendant COHEN was an employee of Defendant

LATITUDE with supervisory authority over SINGER.
97.

On or about the middle of November 2011 through the beginning of

February 2012, Defendant COHEN, while on and within the premises of Defendant
LATITUDE and acting as a supervisor, willfully and wrongfully battered SINGER by
touching her bottom in a sexual and inappropriate manner, pushing his penis against
SINGER’S bottom; and forcing SINGER to perform oral sex upon him.
98.

COHEN’s battery of SINGER occurred within the hours, space limits and

scope of COHEN’s employment with LATITUDE.
99.

Defendant COHEN made an affirmative act with the intent to cause a

harmful or offensive contact upon SINGER’s person.
100.

Defendant COHEN actually caused a harmful or offensive contact upon

SINGER’s person.
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101.

Defendant COHEN touched SINGER’s person in a way that would be

harmful or offensive to a reasonable person.
102.

Defendant COHEN touched SINGER in a sexually inappropriate manner

and in so doing abused his authority as a supervisor at LATITUDE.
103.

SINGER did not welcome, encourage or consent to COHEN kissing her,

this touching of SINGER’s bottom in a sexual and inappropriate manner, unwanted
pushing of COHEN’S penis against SINGER’S bottom, and forcing of COHEN on
SINGER to perform oral sex upon him.
104.

COHEN used his supervisory authority to assault, molest and/or batter

SINGER.
105.

COHEN’s wrongful acts occurred within the scope of or incident to his

employment with LATITUDE at LATITUDE’s place of business during normal working
hours.
106.

LATITUDE is vicariously liable for the battery of SINGER by COHEN, as

COHEN was assisted in the molestation of SINGER, by virtue of the employeremployee relationship.
107.

LATITUDE’s fault contributed to SINGER’s injuries in a foreseeable

manner.
108.

Defendant COHEN’s actions have caused SINGER to sustain severe,

grievous and permanent injuries, mental pain and suffering, grief, anguish, the inability
to lead normal life, loss of earnings and/or impairment of earnings capacity, and other
damages; said injuries are either permanent or continuing in nature and SINGER will
suffer such losses in the future.

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WHEREFORE, Plaintiff CARLY SINGER prays for judgment against Defendant
LATITUDE, reserves the right to assert punitive damages and requests an award of
damages; prejudgment interest; costs; and any other relief the Court deems just,
equitable, and proper.
COUNT V - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
(AGAINST COHEN)
109.

This is an action by Plaintiff CARLY SINGER against Defendant COHEN

for common law intentional infliction of emotional distress against Defendant COHEN.
This cause of action is pled in alternative to and in conjunction with all other counts in
this Complaint.
110.

Plaintiff reincorporates and re-alleges the allegations of Paragraphs 1

through 63 as if fully set forth herein.
111.

Defendant COHEN’s conduct was intentional or reckless; that is, he

intended his behavior when he knew or should have known that emotional distress
would likely result.
112.

Defendant COHEN’s conduct was outrageous and went beyond all

bounds of decency.
113.

Defendant COHEN’s conduct caused SINGER to suffer emotional

distress.
114.

The emotional distress suffered by SINGER was severe.

115.

Defendant COHEN’s actions have caused SINGER to sustain severe,

grievous and permanent injuries, mental pain and suffering, grief, anguish, the inability
to lead normal life, loss of earnings and/or impairment of earnings capacity, and other

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damages; said injuries are either permanent or continuing in nature and SINGER will
suffer such losses in the future.
116.

COHEN’s fault contributed to SINGER’s injuries in a foreseeable manner.

WHEREFORE, Plaintiff CARLY SINGER prays for judgment against Defendant
COHEN, reserves the right to assert punitive damages and requests an award of
damages; prejudgment interest; costs; and any other relief the Court deems just,
equitable, and proper.
COUNT VI - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 3
(AGAINST LATITUDE)
117.

This is an action by Plaintiff LATITUDE for common law intentional

infliction of emotional distress against Defendant LATITUDE. This cause of action is
pled in alternative to and in conjunction with all other counts in this Complaint.
118.

Plaintiff reincorporates and re-alleges the allegations of Paragraphs 1

through 63 as though fully set forth herein.
119.

Defendant LATITUDE intentionally or recklessly mistreated SINGER, and

told her not to work in retaliation for her protected activities.
120.

LATITUDE’s conduct violated anti-discrimination statutes of the State of

Florida and the United States.
121.

LATITUDE’s management intended the behavior alleged against SINGER

when LATITUDE knew or should have known that emotional distress to SINGER would
likely result.

3

This count is based on the actions of LATITUDE employees which occurred after
SINGER notified LATITIUDE of COHEN’s inappropriate actions on or about the middle
of November 2011 through the beginning of February 2012.
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122.

Defendant LATITUDE’s conduct was outrageous and went beyond all

bounds of decency.
123.

Defendant LATITUDE’s conduct caused SINGER to suffer emotional

distress.
124.

The emotional distress suffered by SINGER was severe.

125.

LATITUDE’s fault contributed to SINGER’s injuries in a foreseeable

manner.
126.

Defendant LATITUDE’s actions have caused SINGER to sustain severe,

grievous and permanent injuries, mental pain and suffering, grief, anguish, the inability
to lead normal life, loss of earnings and/or impairment of earnings capacity, and other
damages; said injuries are either permanent or continuing in nature and SINGER will
suffer such losses in the future.
WHEREFORE, Plaintiff CARLY SINGER prays for judgment against Defendant
LATITUDE, reserves the right to assert punitive damages and requests an award of
damages; prejudgment interest; costs; and any other relief the Court deems just,
equitable, and proper.
COUNT VII - VIOLATION OF THE FLORIDA PRIVATE WHISTLEBLOWER’S ACT
(AGAINST LATITUDE)
127.

This is an action by Plaintiff CARLY SINGER for damages against

Defendant LATITUDE based upon violation of the Florida Private Whistleblower
Protection Act (“WPA”), Fla. Stat. § 448.101-105.

This cause of action is pled in

alternative to and in conjunction with all other counts in this Complaint.
128.

Plaintiff reincorporates and re-alleges the allegations of paragraphs 1

through 63 as though fully set forth herein.
20

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129.

The WPA, pursuant to §448.102(3), prohibits an employer from taking a

retaliatory personnel action against an employee because the employee has objected
to, or refused to participate in, any activity, policy or practice of the employer, which is in
violation of any law, rule or regulation.
130.

The conduct of LATITUDE’s management, including but not limited to the

conduct of COHEN, WOHLER, GUSTIN, and GRECO, violated various laws, including
but not limited to Title VII; the FCRA, §760.01-11, Fla. Stat.; § 784.001, Fla. Stat.; and §
784.03, Fla. Stat.
131.

At all material times, SINGER was an employee of Defendant LATITUDE

as defined under the WPA.
132.

At all material times, Defendant LATITUDE was SINGER’s employer as

defined under the WPA.
133.

SINGER engaged in statutorily protected conduct within the meaning of

the WPA by objecting to activities of LATITUDE management that violated laws, rules or
regulations.
134.

The mistreatment of SINGER, including LATITUDE informing SINGER

she should not continue to work and constructively discharging her employment, was an
adverse employment action taken by Defendant LATITUDE against SINGER and
constitutes “retaliatory personnel action” under section 448.101(5) of the WPA.
135.

SINGER’s statutorily protected conduct under the WPA was casually

connected to Defendant LATITUDE’s decision.
136.

LATITUDE’s actions in instructing SINGER not to return to work; in having

her involuntarily committed and constructively discharging her violated SINGER's rights

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under § 448.102(2), Fla. Stat.
137.

As a result of Defendant LATITUDE’s violation of the WPA, SINGER has

been damaged.
138.

Plaintiff is entitled to recover her attorney’s fees under Section 448.104,

Florida Statutes.
WHEREFORE, Plaintiff CARLY SINGER prays for judgment against Defendant
LATITUDE, reserves the right to assert punitive damages, and requests an award of
damages, including lost wages, lost benefits, compensatory damages, front pay;
prejudgment interest; costs; attorneys’ fees pursuant to § 448.104, Fla. Stat.; and any
other relief the Court deems just, equitable and proper.
COUNT VIII - NEGLIGENT SUPERVISION AND TRAINING
(AGAINST LATITUDE)
139.

This is an action by Plaintiff CARLY SINGER for common law negligent

supervision and training against Defendant LATITUDE. This cause of action is pled in
alternative to and in conjunction with all other counts in this Complaint.
140.

Plaintiff reincorporates and re-alleges the allegations of Paragraphs 1

through 63 as though fully set forth herein.
141.

At all times material hereto, SINGER, COHEN, WOHLER, GUSTIN, and

GRECO were employees of Defendant LATITUDE.
142.

SINGER was injured as a result of the wrongful, intentional and tortious

conduct of COHEN, WOHLER, GUSTIN, and GRECO.
143.

In light of employer-employee relationship, Defendant LATITUDE owed a

duty to SINGER to exercise reasonable care in supervising and training its employees.

22

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144.

Specifically, Defendant LATITUDE had a duty to control, supervise and

train its employees in order to prevent its employees from intentionally harming others.
145.

Defendant LATITUDE knew or should have known it was necessary to

control, supervise and train its employees in order to prevent its employees from
intentionally harming others.
146.

Defendant LATITUDE had the ability and opportunity to control, supervise

and train its employees in order to prevent its employees from intentionally harming
others.
147.

Defendant LATITUDE negligently breached its duty to supervise and train

its employees by, inter alia:
a.

Failing to ensure that the workplace was free from tortious and

illegal conduct;
b.

Failing

to

exercise

proper

supervision

and

control

over

subordinates and in allowing them to neglect their duties;
c.

Failing to hire qualified supervisory employees; failing to adequately

train its employees on anti-sexual harassment policies;
d.

failing to investigate allegations of employee misconduct, including

but not limited to violations of company policies and codes of conduct; failing to enforce
company policies and codes of conduct;
e.

failing to take disciplinary or remedial action upon learning that its

employees had engaged in conduct that was tortious, in violation of laws, rules or
regulations, or in violation of company policies or codes of conduct; and/or

23

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f.

Failing to take remedial action when it was evident that one or more

of its employees was unfit.
148.

Defendant LATITUDE’s breach of its duty to train and supervise

employees was the proximate and actual cause of SINGER’s injuries.
149.

SINGER was in the foreseeable zone of risk of LATITUDE’s negligent

supervision and training of COHEN, WOHLER, GUSTIN, and GRECO.
150.

Defendant LATITUDE’s negligence directly and proximately caused

SINGER to sustain severe, grievous and permanent injuries, mental pain and suffering,
grief, anguish, the inability to lead normal life, loss of earnings and/or impairment of
earnings capacity, and other damages; said injuries are either permanent or continuing
in nature and SINGER will suffer such losses in the future.
WHEREFORE, Plaintiff CARLY SINGER prays for judgment against Defendant
LATITUDE and requests an award of damages; prejudgment interest; costs; attorneys’
fees pursuant to, inter alia, section 57.105, Fla. Stat.; and any other relief the Court
deems just, equitable, and proper.
COUNT IX - NEGLIGENT RETENTION
(AGAINST LATITUDE)
151.

This is an action by Plaintiff CARLY SINGER for common law negligent

retention against Defendant LATITUDE. This cause of action is pled in alternative to
and in conjunction with all other counts in this Complaint.
152.

Plaintiff reincorporates and re-alleges the allegations of Paragraphs 1

through 63 as though fully set forth herein.
153.

At all times material hereto, SINGER and COHEN were employees of

Defendant LATITUDE.
24

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154.

SINGER was injured as a result of the wrongful, intentional and tortious

conduct of COHEN.
155.

In light of the employer-employee relationship, Defendant LATITUDE had

a duty to SINGER to exercise reasonable care in the retention of its employees.
156.

Specifically, Defendant LATITUDE had a duty to take action such as

discharge, investigate, discipline, or reassign employees that LATITUDE knew or
should have known were unfit.
157.

During the course of COHEN’s employment, Defendant LATITUDE

became aware, or should have become aware, of problems with COHEN that indicated
a lack of fitness to wit that he engaged in sex harassment and assault and battery of
another employee, namely SINGER.
158.

It was unreasonable for Defendant LATITUDE not to take corrective action

to remedy the unfitness of COHEN to continue his employment and to promote him
rather than punish him for his actions.
159.

Defendant LATITUDE breached its duty by, inter alia, failing to take

corrective action to remedy the unfitness of COHEN.
160.

Defendant LATITUDE’s breach of duty was the direct and proximate

cause of injuries incurred by SINGER.
161.

SINGER was in the foreseeable zone of risk of LATITUDE’s negligent

retention of COHEN.
162.

Defendant LATITUDE’s negligence directly and proximately caused

SINGER to sustain severe, grievous and permanent injuries, mental pain and suffering,
grief, anguish, the inability to lead normal life, loss of earnings and/or impairment of

25

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earnings capacity, and other damages; said injuries are either permanent or continuing
in nature and SINGER will suffer such losses in the future.
WHEREFORE, Plaintiff CARLY SINGER prays for judgment against Defendant
LATITUDE and requests an award of damages; prejudgment interest; costs; and any
other relief the Court deems just, equitable, and proper.
COUNT X - NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
(AGAINST LATITUDE)
163.

This is an action by Plaintiff CARLY SINGER for common law negligent

infliction of emotional distress against Defendant LATITUDE. This cause of action is
pled in alternative to and in conjunction with all other counts in this Complaint.
164.

Plaintiff reincorporates and re-alleges the allegations of Paragraphs 1

through 63 as though fully set forth herein.
165.

At all pertinent times, Defendant LATITUDE owed to SINGER the duty of

reasonable care with respect to her status as an employee.
166.

LATITUDE negligently failed to take reasonable care in punishing COHEN

for sexually harassing, assaulting and battering SINGER.

Such action was done

negligently and in violation of common law, statutory and contractual obligations owed
to SINGER by Defendant LATITUDE.
167.

LATITUDE’s negligence contributed to SINGER’s injuries in a foreseeable

manner.
168.

Defendant LATITUDE’s negligence directly and proximately caused

SINGER to sustain severe, grievous and permanent injuries, mental pain and suffering,
grief, anguish, the inability to lead normal life, loss of earnings and/or impairment of

26

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earnings capacity, and other damages; said injuries are either permanent or continuing
in nature and SINGER will suffer such losses in the future.
WHEREFORE, Plaintiff CARLY SINGER prays for judgment against Defendant
LATITUDE and requests an award of damages; prejudgment interest; costs; and any
other relief the Court deems just, equitable, and proper.
COUNT XI - NEGLIGENT MISREPRESENTATION
(AGAINST LATITUDE)
169.

This is an action by Plaintiff CARLY SINGER for common law negligent

misrepresentation against Defendant LATITUDE.

This cause of action is pled in

alternative to and in conjunction with all other counts in this Complaint.
170.

Plaintiff reincorporates and re-alleges the allegations of Paragraphs 1

through 63 as though fully set forth herein.
171.

On or about February 4, 2012 SINGER gave LATITUDE formal notice that

she had been subjected to sexual harassment, battery and assault by COHEN.
LATITUDE misrepresented to SINGER that her status with Defendant LATITUDE was
not in jeopardy as a result of her reporting the adverse behavior inflicted upon SINGER
by COHEN.
172.

During the course of SINGER’s employment with Defendant LATITUDE,

LATITUDE misrepresented to SINGER, both expressly and impliedly, that she would
not be disciplined without just cause.
173.

During the course of SINGER’s employment with Defendant LATITUDE,

LATITUDE misrepresented to SINGER (1) that LATITUDE wanted to meet with her to
discuss her incidents of sexual harassment, battery and assault by COHEN, and (2) that
COHEN’s keys have been taken away from him and he will work offsite.
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174.

In making such representations of fact, and in suppressing and failing to

disclose facts material to SINGER’s employment relationship, Defendant LATITUDE
negligently misled SINGER about her prospects for job security. Defendant LATITUDE
knew or should have known that SINGER would rely on Defendant LATITUDE’s
representations and failure to disclose facts material to SINGER’s employment
relationship with LATITUDE.
175.

SINGER did rely on LATITUDE’s misrepresentations and failure to

disclose material facts to SINGER’s detriment.
176.

GRECO informed SINGER that she should not come to work, without

providing SINGER any further information or instructions; SINGER made the
reasonable assumption that she was terminated from LATITUDE.
177.

As a direct, foreseeable, and proximate result of Defendant LATITUDE’s

negligent misrepresentations, SINGER has suffered, and continues to suffer severe,
grievous and permanent injuries, mental pain and suffering, grief, anguish, the inability
to lead normal life, loss of earnings and/or impairment of earnings capacity, and other
damages; said injuries are either permanent or continuing in nature and SINGER will
suffer such losses in the future.
WHEREFORE, Plaintiff CARLY SINGER prays for judgment against Defendant
LATITUDE and requests an award of damages; prejudgment interest; costs; and any
other relief the Court deems just, equitable, and proper.
COUNT XII - SINGER’S INVASION OF PRIVACY CLAIM
(AGAINST COHEN)
178.

Plaintiff reincorporates and re-alleges the allegations of Paragraphs 1

through 63 as though fully set forth herein.
28

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179.

The actions of COHEN in sexually harassing SINGER, touching her and

verbally abusing her more particularly described in the above paragraphs constitute an
unwelcome invasion of Plaintiff’s privacy, i.e., an invasion of her physical solitude, by
Defendant COHEN.
180.

As a direct, proximate, natural and foreseeable result of the actions of

Defendant COHEN, SINGER has suffered damages, including but not limited to pain
and suffering and emotional distress, which injuries are continuing and permanent.
181.

The actions of Defendant COHEN, were willful and wanton and in such

disregard of the rights of SINGER as to entitle her to exemplary damages to punish
Defendant COHEN for his actions and to deter them, and others, from such actions in
the future.
WHEREFORE, Plaintiff CARLY SINGER respectfully requests that this Court
enter Judgment awarding her the following:
A.

Enter a judgment for her and against Defendant COHEN.

B.

Award Plaintiff any and all damages available to her including, but

not limited to compensatory and exemplary damages;
C.

The costs of this action and a reasonable award of attorney’s fees;

D.

Other relief as this Court may deem proper.
COUNT XIII - SINGER’S SEXUAL HARASSMENT
CLAIM PURSUANT TO FLA. STAT. §760
(AGAINST LATITUDE)

182.

Plaintiff reincorporates and re-alleges the allegations of Paragraphs 1

through 63 as though fully set forth herein.
183.

The acts more particularly alleged in paragraphs 1 through 63, constitute

29

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hostile-environment and quid pro quo sexual harassment as proscribed by the Florida
Civil Rights Act of 1992, § 760.10, Fla. Stat.
184.

The adverse treatment to which SINGER was subjected was based upon

her being female.
185.

The conduct of Defendant LATITUDE deprived SINGER of her statutory

rights under § 760.10, Fla. Stat., i.e., SINGER, by being subjected to the adverse
treatment more particularly alleged above, suffered discrimination with respect to the
“terms, conditions, or privileges of employment,” because of her sex.
186.

The conduct was unwelcome and pervasive, and because of it, SINGER’s

work place became hostile.
187.

As a direct, natural, proximate and foreseeable result of the actions of

Defendant LATITUDE, Plaintiff SINGER has suffered past and future pecuniary losses,
emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and
other nonpecuniary losses.
188.

The actions of Defendant LATITUDE were so malicious and in such

reckless indifference to the state protected rights of SINGER as to entitle her to receive
an award of punitive damages to punish Defendant LATITUDE and to deter them, and
others, from such conduct in the future.
WHEREFORE, Plaintiff CARLY SINGER prays that this court will:
A.

Issue a declaratory judgment that Defendant LATITUDE practices

toward Plaintiff SINGER are violative of her rights under The Florida Civil Rights Act of
1992, § 760.01, et seq., Fla. Stat.
B.

Enjoin Defendant LATITUDE, by and through its agents and

30

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employees, from continuing or maintaining the policy, practice, or custom of denying,
abridging, withholding, or conditioning the rights of employees on the basis of their sex,
rights against which behavior are secured by the Florida Civil Rights Act of 1992, §
760.01, et seq., Fla. Stat.
C.

Enter a judgment for Plaintiff SINGER and against Defendant

LATITUDE for damages, including compensatory and punitive damages.
D.

Grant SINGER her costs and a reasonable award of attorney’s fees

pursuant to § 760.11(b)(5), Fla. Stat.
COUNT XIV - SINGER’S CHAPTER 760 RETALIATION CLAIM
(AGAINST LATITUDE)
189.

Plaintiff reincorporates and re-alleges the allegations of Paragraphs 1

through 63 as though fully set forth herein.
190.

The act of constructively discharging SINGER constitutes retaliation as

proscribed by The Florida Civil Rights Act of 1992, § 760.10(7), Fla. Stat.
191.

The adverse treatment to which SINGER was subjected was based upon

her opposition to an employment practice made illegal by the Florida Civil Rights Act of
1992. Defendant LATITUDE did not engage in similar conduct toward employees who
did not oppose employment practices made illegal by the Florida Civil Rights Act of
1992.
192.

The conduct of Defendant LATITUDE deprived SINGER of her statutory

rights under § 760.10, Fla. Stat., i.e., SINGER, by being subjected to the adverse
treatment more particularly alleged above, suffered discrimination with respect to the
“terms, conditions, or privileges of employment,” because of her opposition to an
employment practice made illegal by the FCRA.
31

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193.

As a direct, natural, proximate and foreseeable result of the actions of

Defendant LATITUDE, Plaintiff SINGER has suffered past and future pecuniary losses,
emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and
other nonpecuniary losses.
194.

The actions of Defendant LATITUDE were so malicious and in such

reckless indifference to the state protected rights of SINGER as to entitle her to receive
an award of punitive damages to punish Defendant LATITUDE and to deter them, and
others, from such conduct in the future.
WHEREFORE, Plaintiff CARLY SINGER prays that this court will:
A.

Issue a declaratory judgment that Defendant LATITUDE’s practices

toward her are violative of her rights under The Florida Civil Rights Act of 1992, §
760.10(7), et seq., Fla. Stat.
B.

Enjoin Defendant LATITUDE, by and through its agents and

employees, from continuing or maintaining the policy, practice, or custom of denying,
abridging, withholding, or conditioning the rights of employees on the basis of their
opposition to an employment practice made illegal by the Florida Civil Rights Act of
1992, rights against which behavior are secured by The Florida Civil Rights Act of 1992,
§ 760.01, et seq., Fla. Stat.
C.

Enter a judgment for SINGER and against Defendant LATITUDE

for damages, including for compensatory and punitive damages.
D.

Grant SINGER her costs and a reasonable award of attorney’s fees

pursuant to § 760.11(b)(5), Fla. Stat.

32

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COUNT XV - SINGER’S SEXUAL HARASSMENT
CLAIM PURSUANT TO TITLE VII
(AGAINST LATITUDE)
195.

Plaintiff reincorporates and re-alleges the allegations of Paragraphs 1

through 63 as though fully set forth herein.
196.

The acts more particularly alleged in paragraphs 1 through 63, constitute

hostile-environment and quid pro quo sexual harassment as proscribed by Title VII.
197.

The adverse treatment to which SINGER was subjected was based upon

her being female.
198.

The conduct of Defendant LATITUDE deprived SINGER of her statutory

rights under Title VII, i.e., SINGER, by being subjected to the adverse treatment more
particularly alleged above, suffered discrimination with respect to the “terms, conditions,
or privileges of employment,” because of her sex.
199.

The conduct was unwelcome and pervasive, and because of it, SINGER’s

work place became hostile.
200.

As a direct, natural, proximate and foreseeable result of the actions of

Defendant LATITUDE, Plaintiff SINGER has suffered past and future pecuniary losses,
emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and
other nonpecuniary losses.
201.

The actions of Defendant LATITUDE were so malicious and in such

reckless indifference to the state protected rights of SINGER as to entitle her to receive
an award of punitive damages to punish Defendant LATITUDE and to deter them, and
others, from such conduct in the future.
WHEREFORE, Plaintiff CARLY SINGER prays that this court will:

33

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A.

Issue a declaratory judgment that Defendant LATITUDE practices

toward Plaintiff SINGER are violative of her rights under Title VII.
B.

Enjoin Defendant LATITUDE, by and through its agents and

employees, from continuing or maintaining the policy, practice, or custom of denying,
abridging, withholding, or conditioning the rights of employees on the basis of their sex,
rights against which behavior are secured by Title VII.
C.

Enter a judgment for Plaintiff SINGER and against Defendant

LATITUDE for damages, including compensatory and punitive damages
D.

Grant SINGER her costs and a reasonable award of attorney’s fees

pursuant to Title VII.
COUNT XVI - SINGER’S TITLE VII RETALIATION CLAIM
(AGAINST LATITUDE)
202.

Plaintiff reincorporates and re-alleges the allegations of Paragraphs 1

through 63 as though fully set forth herein.
203.

The act of constructively discharging SINGER constitutes retaliation as

proscribed by Title VII.
204.

The adverse treatment to which SINGER was subjected was based upon

her opposition to an employment practice made illegal by Title VII.

Defendant

LATITUDE did not engage in similar conduct toward employees who did not oppose
employment practices made illegal by Title VII.
205.

The conduct of Defendant LATITUDE deprived SINGER of her statutory

rights under Title VII, i.e., SINGER, by being subjected to the adverse treatment more
particularly alleged above, suffered discrimination with respect to the “terms, conditions,
or privileges of employment,” because of her opposition to an employment practice
34

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made illegal by Title VII.
206.

As a direct, natural, proximate and foreseeable result of the actions of

Defendant LATITUDE, Plaintiff SINGER has suffered past and future pecuniary losses,
emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and
other nonpecuniary losses.
207.

The actions of Defendant LATITUDE were so malicious and in such

reckless indifference to the state protected rights of SINGER as to entitle her to receive
an award of punitive damages to punish Defendant LATITUDE and to deter them, and
others, from such conduct in the future.
WHEREFORE, Plaintiff CARLY SINGER prays that this court will:
A.

Issue a declaratory judgment that Defendant LATITUDE’s practices

toward her are violative of her rights under Title VII.
B.

Enjoin Defendant LATITUDE, by and through its agents and

employees, from continuing or maintaining the policy, practice, or custom of denying,
abridging, withholding, or conditioning the rights of employees on the basis of their
opposition to an employment practice made illegal by Title VII as such rights against
which behavior are secured by Title VII.
C.

Enter a judgment for SINGER and against Defendant LATITUDE

for damages, including for compensatory and punitive damages.
D.

Grant SINGER her costs and a reasonable award of attorney’s fees

pursuant to Title VII.

35

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DEMAND FOR JURY TRIAL
Plaintiff CARLY SINGER demands trial by jury for all issues so triable by right of
jury under state law.
Respectfully submitted,
DEUTSCH ROTBART & ASSOCIATES, P.A.
Counsel for Plaintiff
4755 Technology Way
Suite 106
Boca Raton, Florida 33431
Telephone: 561.361.8010
Facsimile: 561.361.8086
Email: [email protected]

BY:

36

_______
Erika Deutsch Rotbart, Esq.
Florida Bar No.: 0047686

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