Surgeon accused of retaliation, wrongful termination

By Gene Johnson | May 18, 2016

PHILADELPHIA – A woman has sued her ex-employer, a colon and rectal surgeon, for damages she claims she suffered as a result of her former boss allegedly violating the Fair Labor Standards Act, specifically wrongful termination, discrimination and retaliation.

Erica Cruz filed a lawsuit April 27 in the U.S. District Court for the Eastern District of Pennsylvania against Camille Eyvazzadeh, M.D., P.C., alleging a violation of the Fair Labor Standards Act.

According to the claim, since being hired by Dr. Eyvazzadeh in or about January 2014, Cruz worked overtime but was not compensated properly. For example, according to the claim, Cruz would work overtime one week, then Dr. Eyvazzadeh would deduct hours from her schedule the following week to make sure Cruz would work no more than 80 hours per two-week pay period. The U.S. Department of Labor determined, in or about July 2015, that Dr. Eyvazzadeh violated the Fair Labor Standard Act, according to the suit, which alleges that the physician admitted to the violation and agreed to reimburse Cruz for what she was owed.

On Dec. 14, Cruz received a check for previously unpaid overtime wages. the suit says, adding that on. Dec. 23, 2015, Dr. Eyvazzadeh fired Cruz. Cruz alleges wrongful termination, discrimination and retaliation.

Cruz is seeking back pay, front pay, salary, pay increases, promotions, pension and seniority.

Cruz, who is demanding a jury trial, is being represented by attorney Zachary Zawarski of Bethlehem.

U.S. District Court for the Eastern District of Pennsylvania Court Case number 5:16-cv-02009-JLS

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U.S. Department of Labor U.S. District Court of Eastern District of Pennsylvania

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