RICARDO ALFREDO VAZQUEZ, APPELLANT,
v.
CITY OF HIALEAH GARDENS, APPELLEE

Fla. 3d DCA | 2004-03-31
No. 3D02-2117
Before COPE, LEVY, and RAMIREZ, JJ.
874 So. 2d 626 Florida District Court of Appeal, Third District (2004) Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Webb v. Florida Health Care Mgmt. Corp., 804 So. 2d 422, 424 (Fla. 4th DCA 2001) (explaining that “[i]n order to prevail on a constructive discharge claim, an employee must show, under an objective standard, that the employer made working conditions so difficult that a reasonable person would feel compelled to resign.”).

LEVY and RAMIREZ, JJ., concur.

Concurrence
COPE, J.

COPE, J.

(concurring).

For summary judgment purposes I accept the proposition that the changes in the plaintiff-appellant’s hours and working conditions, and other limitations imposed by the then-mayor, made working conditions so difficult that a reasonable person would resign. The plaintiffs testimony, however, was that the then-mayor wanted to force the plaintiff out of his position so she could give it to her then-boyfriend. This negates the claim under 42 U.S.C. Section 1983 that these actions were undertaken on account of discrimination on the basis of national origin.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Batur v. Signature Props. OF Nw. Fla., 903 So. 2d 985 (Fla. 1st DCA 2005)
    …reflects that the parties agreed to the appointment of the custodian, and that the custodian had no prior connections with either shareholder, with Signature, or with any of Signature’s real estate dealings. See generally Atkins v. Topp Comm, Inc., 874 So. 2d 626, 628 (Fla. 4th DCA 2004) (approving an investigation conducted by a retired judge, who had been accepted by both sides and had no ties to either party). Cf. Kloha v. Duda, 226 F. Supp. 2d 1342, 1344 (M.D.Fla.2002) (holding corporation’s investigatio…
  • Cornfeld v. Plaza of the Americas Club, 273 So. 3d 1096 (Fla. 3d DCA 2019)
    …f the Club’s immunity from liability by virtue of the business judgment rule, we find no error in the trial court’s acceptance of the facts and legal conclusions contained in Goldstein’s independent report. See, e.g., Atkins v. Topp Comm, Inc., 874 So. 2d 626, 627 (Fla. 4th DCA 2004) (affirming dismissal of the derivative suit, finding that the dismissal was based on the trial court's conclusion that the independent investigator acted reasonably and with good faith in conducting his investigation). G…
  • Ezer v. Holdack, 358 So. 3d 429 (Fla. 4th DCA 2023)
    ….07401(3)(b)’s plain language does not require courts to question a special committee’s recommendation as long as the court found the committee was independent and conducted its investigation reasonably and in good faith. Atkins v. Topp Comm, Inc., 874 So. 2d 626, 627 (Fla. 4th DCA 2004)1 (“We conclude that trial courts in this state are not required to evaluate the reasonableness of an independent investigator’s final recommendation[.]”); see also Cornfeld v. Plaza of the Ams. Club, Inc., 273 So. 3d 1096, 1…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw