Disability Law

Employee Seeks Job Reinstatement After Termination for Fraud

By David A. McCranie, Esq.

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).