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Richard John Westberry
Richard John Westberry
Visitors: 91
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Bar #244661(FL)     License for 47 years; Member in Good Standing
Pensacola FL

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09-004943  DAVID J. NORMANDIN vs FRESENIUS MEDICAL CARE  (2009)
Division of Administrative Hearings, Florida Filed: Sep. 11, 2009
Whether Petitioner was the subject of an unlawful employment practice based on his disability by Respondent.Evidence did not show handicap discrimination (herniated disc), not qualified, no reasonable accomodation, legitimate reason.
06-003879  LOYDA R. MICHAEL vs DELTA HEALTH GROUP  (2006)
Division of Administrative Hearings, Florida Filed: Oct. 09, 2006
The issues to be resolved in this proceeding concern whether the Respondent committed an unlawful employment practice by termination of the Petitioner for discriminatory reasons, based upon her national origin (Panamanian/Hispanic).Petitioner failed to prove that white or non-hispanic employees were treated disparately and better. Respondent showed that Petitioner was fired for a legitimate reason, her departure from the appropriate scope of CNA practice and Respondent`s policy.
06-003880  LARRY MCCRARY vs REICHOLD, INC.  (2006)
Division of Administrative Hearings, Florida Filed: Oct. 09, 2006
Whether the Respondent, Reichhold, Inc., has committed an unlawful employment practice contrary to Section 760.11, Florida Statutes.The evidence did not show that Respondent discriminated against Petitioner on the basis of his race or age.
05-001014  BRIDGETTE W. WILLIAMS vs SACRED HEART HEALTH SYSTEM, INC.  (2005)
Division of Administrative Hearings, Florida Filed: Mar. 21, 2005
Whether Respondent committed an unlawful employment practice by discriminating against Petitioner on the basis of her race, in violation of Section 760.10, Florida Statutes.Petitioner presented a prima facie case of discrimination. Respondent failed to follow its own procedures in handling her workers` compensation claim. The reasons put forth in explanation for its actions were not credible or worthy of belief.
05-004471PL  DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs WILLIAM S. DESPAIN  (2005)
Division of Administrative Hearings, Florida Filed: Dec. 09, 2005
Did Respondent violate the provisions of Section 817.567, Florida Statutes (2004), or any lesser included offenses, Section 943.1395(6) and/or (7), Florida Statutes (2004), and Florida Administrative Code Rule 11B-27.0011(4)(b) and/or (c), by failing to maintain the qualifications established in Section 943.13(7), Florida Statutes (2004), requiring maintenance of good moral character?Respondent falsely claimed on a job application to have a college degree.
03-003167  JOE BERNARD vs JIM PAUL, SUPERINTENDENT OF SCHOOLS OF ESCAMBIA COUNTY  (2003)
Division of Administrative Hearings, Florida Filed: Sep. 03, 2003
The issue to be resolved in this proceeding concerns whether the Petitioner has suffered an injury protected by the provisions of Chapter 120, Florida Statutes, when the Respondent, the superintendent of education of Escambia County, acting pursuant to his statutory authority, Section 1012.22(1)(a)(3), Florida Statutes, refused to re-nominate the Petitioner for employment.1/Petitioner failed to show that the superintendent did not have good cause for failing to re-new Petitioner`s annual contract, where superintendent had a good faith belief that Petitioner had improperly taken gifts.
02-003931  DURRICE GARVIN vs INTERNATIONAL PAPER, D/B/A CHAMPION INTERNATIONAL CORPORATION  (2002)
Division of Administrative Hearings, Florida Filed: Oct. 10, 2002
The issue is whether Respondent committed an unlawful employment act by discriminating against Petitioner based on his age in violation of Section 760.10(1), Florida Statutes.Petitioner disciplined and subsequently terminated due to his poor work performance and failure to comply with last chance agreement; no age discrimination.
01-003168  BARBARA WOOLEY AND WALLACE WOOLEY vs DEPARTMENT OF CHILDREN AND FAMILY SERVICES  (2001)
Division of Administrative Hearings, Florida Filed: Aug. 14, 2001
This matter arose from a denial letter issued July 13, 2001, by the Department of Children and Family Services (Department), the Respondent herein. That letter expressed the Department's intent to deny a renewal of Petitioner's foster care license. They timely sought an administrative proceeding to contest that denial and the subject proceeding and hearing ensued.The parties settled case at out-set of hearing. No evidence was taken based upon their stipulation. Case closed by Recommended Order of Dismissal.
00-002308  NORMAN JEFFREY MCKINNEY vs GULF POWER COMPANY  (2000)
Division of Administrative Hearings, Florida Filed: May 31, 2000
The issue is whether Petitioner's Charge of Discrimination states a cognizable claim under the Florida Civil Rights Act of 1992, as amended in Sections 760.01-760.11 and 509.092, Florida Statutes.Charge of discrimination did not state a cognizable claim under the Florida Civil Rights Act of 1992, as amended.
02-001914PL  CHARLIE CRIST, AS COMMISSIONER OF EDUCATION vs WILLIAM HENDRICKS  (2002)
Division of Administrative Hearings, Florida Filed: May 09, 2002
Whether Respondent committed offenses, as set forth in the Administrative Complaint, sufficient to justify the imposition of discipline with regard to Respondent's Florida educator's certificate, and if so, what penalties should be imposed?Respondent`s conduct with regard to a female student violates portions of Section 231.28(1), Florida Statutes, and justifies revocation of his teaching certificate.

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