Employment & Labor Law
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State of Fla. Dept. of Corrections v. Chesnut
30 Fla. L. Weekly D160b (1st DCA Jan. 7, 2005)
The plaintiff was fired after an investigation into alleged sexual harassment. At the time of the investigation(1998), the assistant warden position the plaintiff held was a career service position; however, a reclassification made the position select exempt. In 1999, when the position was reclassified, the plaintiff was terminated and informed that he had no right to an appeal with the Public Employees Relations Commission (PERC). In 2000, the plaintiff requested a name-clearing hearing at which the ALJ found there was insufficient evidence to support the allegation of sexual harassment, and issued a recommended order to clear his name and his record; however, DOC rejected the ALJ
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