Employment & Labor Law

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MARIE HAGAN v. SEACREST SERVICES, INC. and SUNSTATES MAINTENANCE CORPORATION

27 Fla. L. Weekly D1091a (Fla. 4th DCA May 8, 2002)

The court held it was error to dismiss Hagan's claim for unemployment compensation under chapter 760, wherein plaintiff charged her former employer with discriminatory employment practices arising from her discharge, on ground that plaintiff failed to exhaust her administrative remedies after receiving "no cause" determination from the EEOC. The letter from the EEOC indicating that it was unable to conclude that violation occurred did not constitute a finding of "no cause" such that employee was required to pursue an administrative hearing on the determination. The appellate court also certified conflict with Woodham v. Blue Cross & Blue Shield of Florida, 793 So. 2d 41 (Fla. 3d DCA 2001).

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