TAMPA, Fla. – When a Planet Smoothie employee broke her thumb on the job, she didn’t expect she’d be prohibited from making smoothies. She filed a lawsuit on August 26 claiming disability discrimination and workers’ compensation retaliation.
Karen Croker, owner of Planet Smoothie in Carrollwood hired Elizabeth Desire, 32, on August 17, 2021. Desire’s tasks varied from mopping the floor to making smoothies.
On or around October 28, Croker increased Desire’s pay from $10.50 to $12.50 per hour when she passed her menu and policy exams. Desire also made tips for making smoothies for customers.
According to the lawsuit, “On or around October 22, 2021, Plaintiff was mopping when she injured her hand, pushing down on a mop lever to ring it out. Though she didn’t realize the severity of the injury when it occurred, she had suffered a partial tear of her ulnar collateral ligament of her left thumb. The next day, on October 23, 2021, Ms. Croker told Plaintiff that she would put in a claim for her under her workers’ compensation insurance. However, Ms. Croker never filed a workers’ compensation claim.”
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The lawsuit also states it is not sure if Croker had an active workers’ compensation policy despite employing four people.
On October 28, an MRI confirmed the thumb injury which required Desire to wear a splint, be casted, and re-splinted for several weeks.
The lawsuit states Croker asked Desire to make a list of duties she could perform. Among the duties on Desire’s list was the ability to make smoothies. Croker allegedly disagreed with Desire out of concern that she would not be able to keep up with production in a timely fashion. Croker also allegedly did not allow Desire to prove she could make smoothies. Making smoothies, however, was how Desire made tips.
On February 4, 2022, Desire’s doctor required she attend physical therapy twice a week for six weeks. The next day, Desire claims Coker terminated her by email, allegedly explaining that Desire was not recuperating from her injury fast enough. According to the suit, Croker had paid at least some of Desire’s medical costs from her pocket.
In Count I, Croker is accused of “Violating the Florida Civil Rights Act” as it pertains to “disability” or “perceived disability.” It also states, “This injury substantially limits Plaintiff’s ability to use her left hand as it has greatly reduced her grip strength and made it painful to hold or grab heavy items with her left hand.”
Count II claims Croker committed “Workers’ Compensation Retaliation.”
The Plaintiff’s attorney is Gary L. Printy, Jr. of Printy and Printy Law Firm, Tampa. Contact was made with Croker, but she refused to comment on the case.
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