STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AMYER JONES, )

)

Petitioner, )

)

vs. ) CASE NO. 88-2596

)

BILL IRLE'S RESTAURANT, )

)

Respondent. )

)

RECOMMENDED ORDER

The final hearing in this case was held on August 24, 1988, in Clearwater, Florida, before Donald D. Conn, Hearing Officer, Division of Administrative Hearings. The parties were represented as follows:

For Petitioner: Amyer Jones, pro se

1343 San Remo Street Clearwater, Florida 34616

For Respondent: Richard R. Logsdon, Esquire

1423 South Ft. Harrison Street Clearwater, Florida 34616

The issue in this case is whether Bill Irle's Restaurant, Respondent, unlawfully discriminated against Amyer Jones, Petitioner, based upon race in terminating him from his employment. Petitioner has filed a complaint of discrimination with the City of Clearwater, Office of Community Relations. At the hearing, Petitioner testified on his own behalf, and also called his brother, Lee Jones, to testify. Respondent called Yvonne and Wieland Irle, co- owners of Bill Irle's Restaurant, to testify, and also introduced two exhibits. No transcript of the hearing was filed.

FINDINGS OF FACT

1. Petitioner was hired by Respondent in January, 1986, as a dishwasher at

   $4.00 per hour. Because of his good work and dependability, Petitioner received periodic increases in his rate of pay, and in May, 1987, he became head dishwasher at $6.00 per hour.

   
   

2. Respondent's owners also own certain apartments located next to their restaurant, and since Petitioner had been a dependable employee, he was given the additional responsibility of showing these apartments when anyone wanted to rent one that was vacant. He also performed repair and maintenance work on the apartments Petitioner was allowed to take time off from his job as head dishwasher to show vacant apartments, and was periodically assigned work to do on the apartments when he was not working at the restaurant. Petitioner agreed to, and was readily willing to perform these additional duties for which he was allowed to live in one of these apartments for $15.00 per week, rather than the normal rate of $65.00 per week.

3. Beginning in October, 1987, Petitioner began to call in sick to his job at Respondent on a regular basis. Between the week of October 18, 1987, and his termination on January 12, 1988, he did not work a full forty hour week. This was during Respondent's busy time when business was especially heavy, and was a great inconvenience to other staff and the owners of Respondent. Frequently, Petitioner gave virtually no notice of his absence.

   
   

4. Due to his repeated absences, and his lack of dependability, Respondent terminated Petitioner on January 12, 1988. Thereafter, Petitioner timely filed a complaint of discrimination with the City of Clearwater, Office of Community Relations.

   
   

5. Petitioner introduced no evidence in support of his allegation of discrimination based upon race. He alleges that a white woman was hired to replace him, but he did not identify her, or in any way corroborate his charge. Respondent disputed this allegation, and denied that Petitioner's discharge was due to anything but his repeated absences and increasing lack of responsibility. There is absolutely no evidence that Petitioner was terminated based upon racial considerations.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the parties, and the subject matter in this cause. Section 120.65(9), Florida Statutes; Pinellas County Ordinance 84-10.

   
   

7. The Petitioner bears the initial burden of establishing a prima facie case of discrimination based upon race. McDonnell Douglas Corp. v. Green, 411

U.S. 792 (1973); Teamsters v. United States, 431 U.S. 324 (1977). Since Petitioner did not present competent substantial in support of his claim of unlawful discrimination based upon race, he did not establish a prima facie case of discrimination. In any event, Respondent did establish legitimate, nondiscriminatory reasons for terminating Petitioner due to his repeated absences and his increasing lack of responsibility

RECOMMENDATION

Based upon the foregoing, it is recommended that the City of Clearwater, Office of Community Relations, enter a Final Order dismissing Petitioner's charge of discrimination against Respondent.

DONE AND ENTERED in Tallahassee, Leon County, Florida, this 8th day of September, 1988.

DONALD D. CONN

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 8th day of September, 1988.

COPIES FURNISHED:

Amyer Jones

1343 San Remo Street Clearwater, Florida 34616

Richard R. Logsdon, Esquire 1423 South Ft. Harrison Street Clearwater, Florida 34616

Miles Lance, Esquire Post Office Box 4748

Clearwater, Florida 34618

Ronald McElrath, Director Office Of Community Relations Post Office Box 4748 Clearwater, Florida 34618

Docket for Case No: 88-002596

Orders for Case No: 88-002596