08-001227
Latonia M. Enzor vs.
Tallahassee Contractors, Llc
Status: Closed
Recommended Order on Tuesday, May 20, 2008.
Recommended Order on Tuesday, May 20, 2008.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8LATONIA M. ENZOR, )
12)
13Petitioner, )
15)
16vs. ) Case No. 08-1227
21)
22TALLAHASSEE CONTRACTORS, LLC, )
26)
27Respondent. )
29)
30RECOMMENDED ORDER
32On April 23, 2008, a hearing was held in Tallahassee,
42Florida, pursuant to the authority set forth in Sections 120.569
52and 120.57(1), Florida Statutes. The case was considered by Lisa
62Shearer Nelson, Administrative Law Judge.
67APPEARANCES
68For Petitioner: Latonia Enzor, pro se
743535 Roberts Avenue, Number 274
79Tallahassee, Florida 32310
82For Respondent: Steve Ghazvini, Director
87Tallahassee Contractors, LLC
90662 Crossway Road
93Tallahassee, Florida 32305
96STATEMENT OF THE ISSUE
100Whether Respondent is an employer as defined in Section 760.02(7), Florida Statutes.
112PRELIMINARY STATEMENT
114This case commenced with the filing of a complaint with the Florida Human Relations Commission (Commission) alleging an
132unlawful employment practice by her employer, Tallahassee
139Contractors, LLC. On November 13, 2007, the Commission issued a
149Notice of Determination: No Jurisdiction and a Determination:
157No Jurisdiction (less than 15 employees). The basis for the
167Determination was that Tallahassee Contractors did not meet the
176definition of an employer as provided in Section 760.02(7),
185Florida Statutes.
187On December 21, 2007, the Commission issued a Notice of
197Dismissal indicating again that dismissal was based upon the lack
207of jurisdiction because Respondent did not meet the definition of
217an employer. On February 22, 2008, the Commission issued a
227Rescission of Notice of Dismissal; Determination - No
235Jurisdiction and Notice of Determination - No Jurisdiction. The
244Rescission indicated that all three documents were rescinded and
253stated that the Determination and Notice of Determination - No
263Jurisdiction "was mailed by way of Certified Mail to an incorrect
274address and was therefore returned to the Commission as unclaimed
284on December 5, 2007." However, the Certificate of Filing and
294Service indicated "that a copy of the foregoing NOTICE OF
304DISMISSAL was filed at Tallahassee, Florida, and served upon the
314above-named addressees this 22nd day of February, 2008 by U.S.
324Mail."
325On March 18, 2008, Petitioner filed a Petition for Relief
335with the Commission, which forwarded it to the Division of
345Administrative Hearings on March 12, 2008, for the assignment of
355an administrative law judge.
359The case was duly noticed for hearing April 23, 2008. The
370Notice stated that the issue for hearing was limited to whether
381Respondent is an employer as defined in Section 760.02(7),
390Florida Statutes. The Notice also advised the parties that they
400shall arrange to have all witnesses and evidence present at the
411time and place for hearing, and that continuances would only be
422granted by order of the administrative law judge for good cause
433shown.
434At hearing, both parties appeared. However, Petitioner did
442not present any witnesses and did not offer any exhibits. She
453indicated that one witness could testify for her if that witness
464could be reached by telephone, but had made no motion to request
476that he appear via telephone and had made no arrangements for the
488use of a notary. She then requested a continuance, which was
499denied. However, Petitioner was allowed one week to late file
509any exhibits she might have. Respondent elected to proceed and
519presented the testimony of Petitioner and Respondent's Exhibits
527numbered 1 through 8 were admitted into evidence.
535On April 30, 2008, Petitioner filed what is construed as
545Petitioner's Proposed Recommended Order. Attached to the
552document were excerpts from letters and documents filed in Case
562No. 08-1229, with Petitioner's handwritten comments written on
570different pages. While Petitioner's Proposed Recommended Order
577refers to a Drug Free Workplace Policy, no such document is
588included. To the extent Petitioner is seeking to admit the
598excerpts of pages from another case as exhibits in this case,
609said documents as submitted are not admissible.
616On May 7, 2008, Respondent filed a letter which is construed
627as its Proposed Recommended Order. In it, Respondent advised
636that as of May 2, 2008, Respondent had received no supporting
647documentation from Petitioner. Based on the evidence presented
655and accepted, the following findings of fact and conclusions of
665law are found.
668FINDINGS OF FACT
6711. Petitioner, Latonia Enzor, was an employee of
679Tallahassee Contractors, LLC. While the exact dates of her
688employment are not in evidence, she was first paid by the company
700on December 29, 2006, and last paid on June 8, 2007.
7112. Based upon federal tax returns submitted, for the July-
721September quarter of 2006, Tallahassee Contractors had nine
729employees. This tax return was signed by Frank Williams, as
739Manager member of the company.
7443. For the October-December quarter of 2006, Tallahassee
752Contractors had nine employees. This tax return was signed by
762Frank Williams, as Manager member of the company.
7704. For the January-March quarter of 2007, Tallahassee
778contractors had 9-11 employees. This tax return was signed by
788Frank Williams, as Manager member of the company.
7965. For the April-June quarter of 2007, Tallahassee
804Contractors had 11 employees. This tax return was signed by
814Frank Williams, as Manager member of the company.
8226. Each of the tax returns also listed Connie Fletcher as
"833an employee, a paid tax preparer, or another person [allowed] to
844discuss this return with the IRS." The Department of Revenue
854unemployment compensation return for the quarter ending March 31,
8632007, also included an e-mail address for Ms. Fletcher at
873cfletcher@sandcofl.com. Sandco, Inc., is one of the companies
881Petitioner alleges is interrelated with Tallahassee Contractors.
888However, no evidence was presented to show what position
897Ms. Fletcher holds with either company.
9037. No competent evidence was presented to show that
912Tallahassee Contractors had fifteen or more employees for each
921working day in each of 20 or more calendar weeks in the current
934or preceding year. While Petitioner indicated her belief that
943more than fifteen employees existed, and felt that Tallahassee
952Contractors was affiliated with other companies, she admitted she
961did not know the nature of the business or how it operated. Her
974knowledge was limited to her job duties, i.e. , driving a truck.
985CONCLUSIONS OF LAW
9888. The Division of Administrative Hearings has jurisdiction
996over the subject matter and the parties to this action in
1007accordance with Sections 120.569 and 120.57(1), Florida Statutes.
10159. In order for the Florida Commission on Human Relations
1025to have jurisdiction over Petitioner's complaint, Petitioner must
1033demonstrate that Respondent is an employer as defined in Section
1043760.02(7), Florida Statutes. That is, Petitioner must show that
1052Respondent employs "15 or more employees for each working day in
1063each of 20 or more calendar weeks in the current or preceding
1075calendar year." Fender v. Clinch County , 2008 U.S. LEXIS 2978,
1085*5 (M.D. Ga. 2008); Lyes v. City of Riviera Beach , 166 F.3d 1332,
10981334 (11th Cir. 1999). Petitioner has failed to meet this
1108burden.
1109RECOMMENDATION
1110Upon consideration of the facts found and conclusions of law
1120reached, it is
1123RECOMMENDED:
1124That a final order be entered dismissing Petitioner's
1132Petition for Relief.
1135DONE AND ENTERED this 20th day of May 2008, in Tallahassee,
1146Leon County, Florida.
1149S
1150LISA SHEARER NELSON
1153Administrative Law Judge
1156Division of Administrative Hearings
1160The DeSoto Building
11631230 Apalachee Parkway
1166Tallahassee, Florida 32399-3060
1169(850) 488-9675 SUNCOM 278-9675
1173Fax Filing (850) 921-6847
1177www.doah.state.fl.us
1178Filed with the Clerk of the
1184Division of Administrative Hearings
1188this 20th day of May, 2008.
1194COPIES FURNISHED:
1196Latonia Enzor
11983535 Roberts Avenue, Number 274
1203Tallahassee, Florida 32310
1206Steve Ghazvini, Director
1209Tallahassee Contractors, LLC
1212662 Crossway Road
1215Tallahassee, Florida 32305
1218Cecil Howard, General Counsel
1222Florida Commission on Human Relations
12272009 Apalachee Parkway, Suite 100
1232Tallahassee, Florida 32301
1235Denise Crawford, Agency Clerk
1239Florida Commission on Human Relations
12442009 Apalachee Parkway, Suite 100
1249Tallahassee, Florida 32301
1252NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
1258All parties have the right to submit written exceptions within
126815 days from the date of this recommended order. Any exceptions to
1280this recommended order should be filed with the agency that will
1291issue the final order in this case.
- Date
- Proceedings
- PDF:
- Date: 07/10/2008
- Proceedings: Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
- PDF:
- Date: 05/20/2008
- Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
- PDF:
- Date: 05/07/2008
- Proceedings: Letter to Judge Staros from Steve Ghazvini regarding request that the case be dismissed filed.
- Date: 05/05/2008
- Proceedings: Transcript filed.
- PDF:
- Date: 04/30/2008
- Proceedings: Letter to Judge Nelson from L. Enzor regarding findings in Tallahassee Contractors, LLC`s Drug Free Workplace Program Policy filed.
- Date: 04/23/2008
- Proceedings: CASE STATUS: Hearing Held.
- PDF:
- Date: 04/16/2008
- Proceedings: Letter to Judge Nelson from L. Enzor enclosing addresses of witnesses filed.
- PDF:
- Date: 04/16/2008
- Proceedings: Letter to Judge Staros from L. Enzor enclosing Witness List filed.
- PDF:
- Date: 04/11/2008
- Proceedings: Agency`s court reporter confirmation letter filed with the Judge.
- PDF:
- Date: 04/07/2008
- Proceedings: Agency`s court reporter confirmation letter filed with the Judge.
- PDF:
- Date: 03/31/2008
- Proceedings: Notice of Hearing (hearing set for April 23, 2008; 9:30 a.m.; Tallahassee, FL).
- PDF:
- Date: 03/19/2008
- Proceedings: Letter to Judge Staros from E. Ferrell regarding request to dismiss case for lack of jurisdiction filed.
Case Information
- Judge:
- LISA SHEARER NELSON
- Date Filed:
- 03/12/2008
- Date Assignment:
- 03/12/2008
- Last Docket Entry:
- 07/10/2008
- Location:
- Tallahassee, Florida
- District:
- Northern
- Agency:
- ADOPTED IN TOTO
Counsels
-
Latonia Enzor
Address of Record -
Genia Ferrell
Address of Record