Florida/Georgia Personal Injury & Workers Compensation

...(1983) (for discharge or discrimination by state or any subdivision on basis of age); § 760.10, Fla. Stat. (1983) (for discharge or discrimination by employer on basis of race, color, religion, sex, national origin, age, handicap or marital status). See also § 447.17, Fla....

...Abstention might well be warranted if the provisions of Fla.Stat. § 447.503 were the only state statutory remedy available to plaintiffs. When the Florida Legislature enacted Fla.Stat. § 447.201, et seq., in 1974, however, it also enacted Fla. Stat. §§ 447.17(1) and (2), providing for civil compensatory and injunctive remedies to "any person who may be denied employment or discriminated against in his employment on account of membership or nonmembership in any labor union or labor organization."...

...Moreover, the right to organize for collective bargaining purposes is fundamental under Florida law, guaranteed by the state constitution. Fla.Const., art. I, § 6 (1968); Dade County Classroom Teachers' Ass'n v. Ryan, 225 So.2d 903, 905, and n. 1 (Fla.1969). It is a possible and permissible interpretation of Fla.Stat. § 447.17(2), therefore, that it creates jurisdiction in a state circuit court (and in a federal district court by pendent jurisdiction) for private parties, rather than the state administrative agency, to bring actions for injunctive relief in extra...

...ational Labor Relations Act. H.R. 3020, 80th Cong., 1st Sess., Section 12(b) (1947). In the absence of settled decisional law to the contrary, the Court cannot conclude that plaintiffs have failed to invoke its pendent jurisdiction under Fla.Stat. §§ 447.17 and 447.201, et seq.; and it is in no way certain that plaintiffs cannot present facts to prove this claim....

...tation Policy faithfully. ( Id. ¶¶ 32-33, 42-43, 46, 51.) The original Complaint in this action was filed in state court on November 1 and removed to this Court on November 20, 1991. The twelve-count Complaint alleged violations of Florida Statute § 447.17 and the Florida RICO Act, interference with business relationships, libel and slander, and fraud....

...Despite their various legal categorizations, the state law claims are all grounded on the first twenty-six paragraphs of the Amended Complaint. These claims include an action for permanent injunctive relief, (Am.Compl. ¶ 57), violations of Fla.Stat. § 447.17, ( id....

...tion to job applicants, see § 447.501(1)(b), Fla. Stat., but it specifically limited the application of section 447.501(1)(a) to public employees. Second, we decline to adopt the broad interpretation of Southwest Florida because a separate statute, section 447.17, Florida Statutes, provides a remedy to individuals who are not public employees for discrimination based on their union activities: (1) Any person who may be denied employment or discriminated against in his or her employment on accou...

...rom the discriminating employer... such damages as he or she may have sustained and the costs of suit.... . . . . (3) The remedy and relief provided for by this section shall not be available to public employees as defined in [Chapter 447, Part II.] § 447.17, Fla....

...Having examined the records and briefs and hearing oral argument it appears that the appellant has failed to demonstrate prejudicial error. The judgment appealed is therefore affirmed. Appellee’s motion for attorney’s fees for services incident to this appeal is granted. (See F.S. 447.17 and F.S....