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September 08, 2023 at 11:58 AM
What You Need to Know
- The plaintiff contends she was subjected to repeated screaming outbursts.
- The suit also alleges disability discrimination and a whistleblower violation.
- The suit claims retaliation over unpaid overtime and discrimination complaints.
A former Edward D. Jones branch office administrator has filed a lawsuit against the firm and one of its financial advisors alleging the advisor subjected her to abusive mistreatment that prompted the former employee to seek mental health care.
The case also accuses the firm of discriminating against the former employee over a disability, failing to provide reasonable accommodations and firing her for invoking her rights as a person with a disability, her complaints and a failure to pay overtime wages.
“We have not been served with the lawsuit you referenced and therefore have not yet reviewed it,” a firm spokesperson told ThinkAdvisor by email Thursday.
Attorneys for Jacquelyn Kennedy filed a complaint on Sept. 1 against the financial advisory firm and Fort Lauderdale, Florida, advisor Cheryl Balaban, alleging tort claims against both defendants for gross negligence, outrage and assault. The suit, filed in Florida Circuit Court in Broward County, also accuses Balaban of tortious interference with business relations.
“The treatment to which Kennedy was subjected to by Defendant is simply outrageous by contemporary American societal standards even those here in South Florida,” the complaint, which seeks more than $100,000 in damages, alleges.
Kennedy was “under psychiatric treatment because of the way Balaban mistreated her and was contemplating harming herself,” according to the suit, which says the plaintiff called a third-party employee assistance vendor for psychological support about 17 times over 16 months. (It’s unclear from the lawsuit whether there was psychiatric care separate from the employee assistance support.)
Kennedy worked for Edward Jones for eight years, from 2014 to 2022, and was assigned to work with Balaban in 2019 “after having been abused by another financial advisor,” the lawsuit states.
Among the allegations, the lawsuit contends: Kennedy was made to work many overtime hours without pay and was assigned a “massive” workload that she couldn’t complete during scheduled hours; Balaban repeatedly screamed at Kennedy and the screaming put Kennedy into “mental paralysis” that required her to obtain home office assistance to complete tasks.
“Balaban would scream at Kennedy and make Kennedy cry and then sternly tell Kennedy that Kennedy would just have to sit there and take it and cry,“ the complaint alleges.
The suit also alleges Balaban, who joined the firm in 2009, per the Edward Jones website, has a history of abusing branch office administrators and previously was put on probation and reprimanded for it, and that the advisor “admitted to Kennedy that she has serious psychological issues and knew she needed help.”
