University of South Florida v. Tucker

Summary

The Florida Second District Court of Appeal reviewed a Career Service Commission order reinstating Thomas Tucker to his position at the University of South Florida with back pay after his discharge for alleged job abandonment. The court affirmed reinstatement, finding substantial competent evidence that Tucker had properly notified the University of his absence, but held that his later resignation barred back pay after September 27, 1977. The court therefore limited back pay to the period from November 16, 1976, through September 27, 1977.

Holdings

1. The Commission's determination that Tucker was improperly discharged was supported by substantial competent evidence and had to be upheld.
2. Tucker's resignation was effective even though it was not submitted according to the discretionary written-resignation procedure in Rule 22A-7.10(1).
3. Tucker was entitled to back pay from the date of his termination, November 16, 1976, through the effective date of his resignation, September 27, 1977, but not after that date.

Questions Presented

1. Whether the Career Service Commission's finding that Tucker was improperly discharged for job abandonment was supported by substantial competent evidence.
2. Whether Tucker's resignation was ineffective because it was not submitted in conformity with the written-resignation procedure in Florida Administrative Code Rule 22A-7.10(1).
3. Whether Tucker was entitled to back pay beyond the effective date of his resignation.

Disposition

other