Ex-Edward Jones Employee Alleges Abuse In Suit Against Firm, Advisor

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.”

Balaban was “out of her mind with rage” during screaming outbursts and “was physically threatening to Kennedy,” once making Kennedy leave the office for 15 minutes, according to the lawsuit. Balaban apologized when Kennedy returned and promised not to treat her that way again, but did, according to the lawsuit, which says Kennedy informed the firm’s human resources department about the alleged abuse.

(The complaint doesn’t allege actual physical battery but suggests Kennedy feared physical contact.)

Discrimination Also Alleged

Kennedy was fired in 2022 while on leave due to a disability stemming from a 2021 elevator accident, according to the lawsuit, which contends she was told she was dismissed for inappropriate conduct even though all her reviews were good and she had drawn no disciplinary actions. 

She also contends she is disabled due to post-traumatic stress disorder from the alleged workplace abuse.

Kennedy alleges she was fired because of her disability and/or perceived disabilities and because of her complaints about “unlawful actions taken by Defendants.”

She contends Edward Jones violated her civil rights under Florida law by dismissing her due to her disability, retaliating against her for invoking her rights as a person with a disability, and failing to provide reasonable accommodations. The lawsuit also accuses the firm and the advisor of “grossly negligent infliction of emotional distress.”

Kennedy’s complaint accuses Balaban of “maliciously” interfering with her relationship with Edward Jones without a good-faith reason to do so and while acting outside the scope of her duties.

The plaintiff also alleges the firm violated Florida’s whistleblower law, and accuses Edward Jones and Balaban of assault by placing her in the position in which she had “imminent apprehension” that the advisor would touch her and that Kennedy would suffer “a battery upon her person.”

Law.com Radar recently reported on the case, CACE23017902. Kennedy in October filed a Fair Labor Standards Act lawsuit against Edward Jones and Balaban in U.S. District Court in Florida alleging wage and hour violations.

Image: Adobe Stock