Skip to Main Content. Please Contact Us if there is anything we can do to improve the Accessibility of this site.
  • Search:

Right menu

Left menu


Home / Complaints / Final Orders / Final Orders 2013 / FCHR Order No. 13-047

FCHR Order No. 13-047

Date of Release: 06/19/2013

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

 

VERONICA TOLBERT

EEOC Case No. 15D201300051

 

Petitioner

FCHR Case No. 2013-00038

   

DOAH Case No. 13-0786

 

v.

FCHR Order No. 13-047

 

DEPARTMENT OF ECONOMIC OPPORTUNITY

 
 

Respondent

 
     

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

This matter is before the Commission for consideration of the Order Closing File and Relinquishing Jurisdiction, dated April 16, 2013, issued in the above-styled matter by Administrative Law Judge Suzanne Van Wyk.

Findings of Fact and Conclusions of Law

Judge Van Wyk’s order reflects that the matter was before her on Respondent’s Motion to Relinquish Jurisdiction. Judge Van Wyk’s order indicates that Respondent contends that the case should be dismissed because Petitioner executed a general release that released the claim set forth in the Petition for Relief. Judge Van Wyk’s order recommends that the Commission enter an order dismissing the Complaint, noting that, “Petitioner’s release is clear, unequivocal, and was made when represented by counsel.”

We note that Commission Panels have concluded that cases should be dismissed when Petitioners have executed general releases similar to that executed in the instant case. See, e.g., Miles v. MacFarlane, Ferguson and McMullen, P.A., FCHR Order No. 11-018 (March 2, 2011) and Bovea v. Mercantile Commercebank, FCHR order No. 09-089 (September 22, 2009).

We adopt the Administrative Law Judge’s findings as to the execution and content of the release agreement and conclude that the Complaint of Discrimination and Petition for Relief be dismissed with prejudice.

Exceptions

Neither of the parties filed exceptions to the Administrative Law Judge’s Order Closing File and Relinquishing Jurisdiction.

FCHR Order No. 13-047

Page 2

Dismissal

The Petition for Relief and Complaint of Discrimination are DISMISSED with prejudice.

The parties have the right to seek judicial review of this Order. The Commission and the appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this

Order is filed with the Clerk of the Commission. Explanation of the right of appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this 19th day of June , 2013.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Onelia Fajardo-Garcia; and

Commissioner Michell Long

Filed this 19th day of June , 2013,

in Tallahassee, Florida.

/s/

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Veronica Tolbert

Post Office Box 180842

Tallahassee, FL 32318

Department of Economic Opportunity

c/o Michael Bryan Golen, Esq.

107 East Madison Street

Tallahassee, FL 32399

FCHR Order No. 13-047

Page 3

Suzanne Van Wyk, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 19th day of June , 2013.

By: /s/

Clerk of the Commission

Florida Commission on Human Relations