13-000786 Veronica Tolbert vs. Department Of Economic Opportunity Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 16, 2013.

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

VERONICA TOLBERT , EEOC Case No. 15D201300051

Petitioner, FCHR C a s e N o. 2013 - 00038

v. DOAH Case No. 13 - 0786

DEPARTMENT OF ECONOMIC FCHR Order No. 13 - 047

OPPORTUNITY ,

Re spondent.

__________________________________/

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

This matter is before the Commission for consideration of th e Order Closing File and

Relinquishing Jurisdiction , dated April 16 , 2013 , issued in the above - styled matter by

Administ rat ive Law Judge Suzanne Van Wyk .

Findings of Fact and Conclusions of Law

Judge Van Wyk Ós order reflect s that the matter was before her on RespondentÓs Motion to

Relinqu ish Jurisdict ion. Judge Van Wyk Ós order indicate s that Respondent contends that the case

should be dismissed because Petitioner executed a general release that released the claim set

forth in the Petition for Rel ief . Judge Van Wyk Ós order recommends that the Commissi on enter

an order di smissing the Complaint, noting that, ÐPetitionerÓs release is clear, unequivocal, and

was made when represented by counsel.Ñ

We note that Commission Panels have concluded that cases should be dismissed when

Petitioners have ex ecuted general releases similar to that executed in the instant case. See, e.g.,

Miles v. MacFarlane, Ferguson and McMullen, P.A. , FCHR Order No. 11 - 018 (March 2, 2011)

and Bovea v. Mercantile Commercebank , FCHR order No. 09 - 089 (September 22, 2009).

We adopt the Administrative Law JudgeÓs findings as to the execution and content of the

release agreement and conclude that the Complaint of Discrimination and Petition for Relief be

dismissed with prejudice.

Exceptions

Neither of the p arties filed exceptions to the Administrative Law JudgeÓ s Order Closing

File and Relinquishing Jurisdiction.

FCHR Order No. 13 - 047

Page 2

Dismissal

The Petition for Relief and Complaint of Discrimination are DISMISSED with prejudice.

The parties have the right to seek judicial review of this Order. The Commission and the

appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this

Order is filed with the Clerk of the Commission. Explanation of the right of appeal is found in

Section 120.68, Florida Statutes , and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this 19 th day of June , 2013 .

FOR THE FLORIDA COMMISSION ON HUMA N RELATIONS:

Commissioner Gilbert M. Singer , Panel Chairperson;

Commissioner Onelia Fajardo - Garcia ; and

Commis sioner Michell Long

Filed this 19 th day of June , 2013 ,

in Tallahassee, Florida.

/s/

Violet Crawford, Clerk

Commission on Huma n Relations

2009 Apalachee Parkway, Suite 1 00

Tallahassee, FL 32301

(850) 488 - 7082

Copies furnished to:

Veronica Tolbert

Post Office Box 180842

Tallahassee, FL 32318

Department of Economic Opportunity

c/o Michael Bryan Golen, Esq.

107 East Madison Street

Tallahas see, FL 32399

FC HR Order No. 13 - 047

Page 3

Suzanne Van Wyk , Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed

addressees this 19 th day of June , 2013 .

By: /s/

Clerk of the Commission

Florida Commission on Human Relations