Plaintiff Sues for Wage/Overtime Violations After Being Fired, Ostensibly Because of Instagram Smoking Photo

Here and below is the complaint filed in Brooklyn federal court on September 15, 2014 against a Queens and Long Island medical practice known as DocCare and its CEO Alan Bigman. Here’s the New York Post article on the lawsuit.

Plaintiff, who worked for defendants as a medical assistant, alleges that defendant failed to pay plaintiff for all hours worked, including at time-and-a-half for overtime, and fired her in retaliation for her complaints about not being paid. She further alleges that defendant claims to have fired her not because of her wage-related complaints, but rather because a primary care doctor saw a picture on plaintiff’s Instagram page showing her smoking.