ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Disability Law Blogs -> Florida Workers’ Compensation Law Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Disability Law

: Florida Workers’ Compensation Law Blog

Employee Seeks Job Reinstatement After Termination for Fraud

By David A. McCranie, Esq.

ADVERTISEMENTS

I wrote here about Escambia County School Board v. Fowler, a case where the school board had terminated the employment of one of its school bus drivers on the grounds that she had committed workers' compensation fraud by making false statements about her medical condition.  [Section 1012.40(2)(b), Fla. Stat., provides that the employment of an "educational support employee" may be terminated only for "reasons stated in the collective bargaining agreement, or in a district school board rule in cases where a collective bargaining agreement does not exist. . . ." The collective bargaining agreement between the school board and the Union of Escambia Education Staff Professionals provides that all "discipline shall be progressive, fair, and only for just cause" (emphasis added).  However, "just cause" is not defined in the agreement].

 

After the board voted to terminate Fowler's employment, she requested an administrative hearing pursuant to §120.57, Fla. Stat.  After considering the evidence, the hearing officer concluded that there was insufficient evidence that Fowler had "knowingly" and "intentionally" made false statements about her condition, and she recommended that Fowler be reinstated.

 

The board, however, disagreed with the recommended order and voted once again in this order to terminate Fowler's employment.  Fowler has now appealed that decision to the First DCA [Fowler v. Escambia County School Board, Case No. 1D07-4826].  Oral argument was held on 7/16/2008.  You can view the oral argument here.

Full post as published by Florida Workers’ Compensation Law Blog on August 02, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0202 secs (new cache)