STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEBRA A. LARSON )

)

Petitioner, )

)

vs. ) CASE NO. 89-5585

)

DRACUT CORPORATION, d/b/a )

KINGS INN RESTAURANT, and )

LAWRENCE F. JUDGE, )

)

Respondent. )

)

SUPPLEMENTAL RECOMMENDED ORDER *

This matter came on for hearing in Pensacola, Florida before Robert T. Benton, II, Hearing Officer of the Division of Administrative Hearings on April 5, 1990.

APPEARANCES

For Petitioner: Debra A. Larson, pro se

9742 Aileron Avenue, #606

Pensacola, FL 32506 For Respondent: No appearance

STATEMENT OF THE ISSUE

The amount of back wages and benefits to which petitioner is entitled pursuant to the Commission's order entered July 20, 1989, as clarified by order entered August 31, 1989.

PRELIMINARY STATEMENT

Earlier proceedings in this case eventuated in the Commission's order entered July 20, 1989, finding petitioner entitled to recover back wages and benefits

to which she would have been entitled between May 10, 1986, and the date of this final order, offset by any amount Petitioner may have earned from interim employment, . .

By petition for determination of amount of backwages and benefits, dated September 20, 1989, the Commission requested that the Division of Administrative Hearings assign a hearing officer to "conduct all necessary proceedings . .

FINDINGS OF FACT

1. While employed by respondent, petitioner Debra A. Larson worked three or four days most weeks, an average of 27 hours per week. Respondent paid her

   $2.01 per hour.

   
   

2. During the time she worked for respondent, she received tips that averaged $152.18 per week. The evidence established no other job benefits.

   
   

3. If she had continued to work for respondent, she would have continued to earn an average of $206.45 (27 hours at $2.01 + $152.18) per week.

   
   

4. After her constructive discharge on May 10, 1986, petitioner remained unemployed for eleven months until she began another job as a waitress at The Point Restaurant and Oyster Bar in April of 1987. From April of 1987 until the date of the Commission's order, petitioner earned approximately what she would have earned if she had not been obliged to leave King's Inn Restaurant, working first at The Point Restaurant and Oyster Bar and then at Alice's Restaurant.

   
   

5. Eleven months' work at an average weekly rate of $206.45 amounts to

   $9,840.79. While she was unemployed, petitioner received unemployment compensation benefits aggregating $1,166.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Commission's order directs that earnings from interim employment be applied as an offset against wages petitioner lost on account of her unlawful, constructive discharge, but does not indicate similar treatment for unemployment compensation benefits.

RECOMMENDATION

It is accordingly, RECOMMENDED:

That the Commission award petitioner back wages in the amount of nine thousand eight hundred forty dollars and seventy- nine cents ($9,840.79.)

DONE and ENTERED this 12th day of April, 1990, in Tallahassee, Florida.

ROBERT T. BENTON, II

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 12th day of April, 1990.

COPIES FURNISHED:

Debra A. Larson

9742 Aileron Avenue, #606

Pensacola, FL 32506

Lawrence F. Judge, Jr. and Dracut Corporation, d/b/a Kings Inn Restaurant

830 East Gregory Street Pensacola, FL 32501

Lawrence F. Judge, Jr. and Dracut Corporation, d/b/a Kings Inn Restaurant

1309 Maldonado

Pensacola, FL 32561-2323

Dana Baird, General Counsel Florida Commission on Human Relations

325 John Knox Road Building F, Suite 240 Tallahassee, FL 32399-1925

Donald A. Griffin, Executive Director

Florida Commission on Human Relations

325 John Knox Road Building F, Suite 240 Tallahassee, FL 32399-1925

* PREVIOUS DOAH CASE NO. 88-003098

Docket for Case No: 89-005585

Orders for Case No: 89-005585