Employment & Labor Law
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Department of Transportation v. Florida Commission on Human Relations
29 Fla. L. Weekly D448a (Fla. 1st DCA February 19, 2004)
Florida Department of Transportation (DOT) sought a reversal of a final order which temporarily reinstated Clinton Curtis to his former contract with DOT on the authority of the Whistle-blower's Act. The court held that the matter should not have proceeded to the circuit court because Curtis' complaint, on its face, was untimely. Section 112.31895(1)(a) provides that a complaint alleging retaliatory action by the employer must be filed no later than 60 days after the retaliatory act. Here, Curtis alleged the retaliation took place on April 1, 2002 and the complaint was filed on July 10, 2002, more than 100 days after the alleged act. Moreover, the date of his complaint cannot be related back to the date of a similar complaint filed by a DOT employee, Mavis Georgalis, because the administrative rule providing for the relation-back doctrine, Rule 60Y-5.001(4), F.A.C., was adopted pursuant to the Florida Civil Rights Act, Section 760.06(12), Fla. Stat. (2002), and is applicable to proceedings under that act. No provision of the Whistle-blower's Act indicates that the legislature has given the FCHR rule-making authority under the Whistle-blower's Act.
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