Orlando, FLWill a recent firing by the University of South Florida (USF) and an ensuing complaint be guided by Florida Employment Law or will the matter wind up as a discrimination issue? That's the question before the Florida Commission on Human Relations and the US Equal Employment Opportunity Commission over the case of Myrtice Landers.
As summarized in the July 30th edition of the Orlando Sentinel, Landers is reported to be encumbered by previous problems in her personnel file—including two written reprimands in 2006, together with a "final warning" stating that "any future infractions will result in disciplinary actions, up to and including dismissal," according to Florida Labor Law.
Sure enough, Landers—an academic advisor in the USF athletic department—handed $326 worth of textbooks to a basketball walk-on, mistakenly thinking the individual was coming to the university on a scholarship. The error is a clear violation of NCAA rules and, according to the most recent entry in Lander's personnel file, would have put her at risk for termination from the university.
However, there are other issues at play. While Landers does not dispute that she committed the error, it is not considered a major infraction under NCAA rules.
What's more, Landers was a 30-year employee of the institution and was just 10 months shy of achieving full vesting in the pension program.
Is the firing a violation of Florida labor laws?
Landers alleges that there was more at play than a minor infraction, in spite of her previous record. "I couldn't help but think it's because of, maybe, I'm black," the 52-year-old said in a recent interview. "I would like to have my job back...I want my full retirement."
Landers has charged the university with racial discrimination over her firing. Former football coach Jim Leavitt launched a wrongful termination suit against USF after his firing this past January.
There are various statutes and guidelines governing Florida labor and employment. While the Landers case appears to be a bit more complicated than that, it will remain to be seen whether her firing was for just cause, or if there were other issues at play, considering the timing.
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