CopyCited 18 times | Published | Florida 1st District Court of Appeal
...not lawfully disturb; DOA rules may not lawfully displace Career Service standards for discharge on grounds of "insubordination, willful violation of the provisions of law or agency rules, conduct unbecoming a public employee, [and] misconduct ...," section 110.227(1); and DOA rules may not lawfully supplant Commission authority to reduce an agency dismissal to a suspension if the Commission thinks the infraction "did not justify the severity of the action taken" by the employing agency....
...Should the critical review process, examining the employee's candidacy in light of his other state duties, take place before or after the employee has become a candidate? The Career Service Commission, by design and necessity, operates retrospectively in assessing objectionable employee conduct, for pursuant to section 110.227(5)(a), Florida Statutes (1979), it reviews agency disciplinary action by such standards as *858 negligence, inefficiency or inability to perform assigned duties, insubordination, willful violation of the provisions of law or agency rules, conduct unbecoming a public employee, misconduct, habitual drug abuse, or conviction of any crime involving moral turpitude. Section 110.227(1), Fla....
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 1997 WL 352904
...t. (1995). She met this burden by showing that domestic violence caused her absences. That the Department of Corrections had a legal right to discharge Ms. Gilbert is not in dispute: She had not yet attained "permanent status in the career service." § 110.227(1), Fla....
CopyCited 12 times | Published | Florida 1st District Court of Appeal
...leaving after approximately one-half hour. It was also alleged that on July 25, English came to work late without excuse, and on July 26 he returned from lunch with the smell of alcohol on his breath. Following a disciplinary proceeding pursuant to section 110.227, Florida Statutes (1985), English was dismissed for "problem drinking or alcoholism after treatment proved unsuccessful." A grievance proceeding ensued, but the dismissal was affirmed....
...DGS also contends that for purposes of unemployment compensation, the qualifying phrase "but not limited to" in the §
443.036(24) definition of misconduct effectively adopts the definition of misconduct used in the career service system, even in the absence of specific reference to §
110.227. We disagree. Section
110.227 provides that a career service employee may be dismissed or suspended for cause....
CopyCited 9 times | Published | District Court, N.D. Florida
...Moreover, there must be a controversy at the time the court acts. Id. ; see also Socialist Labor Party v. Gilligan,
406 U.S. 583,
92 S.Ct. 1716,
32 L.Ed.2d 317 (1972). The legislature repealed section 110.061 of the Florida Statutes in 1979. During that same session, the legislature *21 enacted section
110.227(5)(a) of the Florida Statutes which provides for constitutionally sufficient pre-termination procedures....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2498, 1987 Fla. App. LEXIS 10801
...viously submitted, and raising for the first time an issue not earlier brought to the attention of the Commission, alleging that Provin did not receive notice of DOC's proposed disciplinary action within ten days before his dismissal, as required by Section 110.227(5), Florida Statutes, and Florida Administrative Code Rule 22A-10.0042....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1990 WL 7533
...iency or inability to perform assigned duties, insubordination, willful violation of the provisions of law or agency rules, conduct unbecoming a public employee, misconduct, habitual drug abuse, or conviction of any crime involving moral turpitude." § 110.227(1), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 10867, 2003 WL 21672745
...However, FDLE filed a motion to dismiss the appeal as untimely. The basis for this motion was that Whiting was served with the notice by *1151 certified mail, return receipt requested on March 20, 2002, [1] and was personally served with another notice the next day, March 21, 2002. Pursuant to § 110.227(5), Whiting had 14 calendar days from the date he received the notice to file his appeal....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1998 WL 316555
...Douglas,
644 So.2d 1368, 1372 (Fla. 5th DCA 1994). "A statute which allows a demotion or dismissal only on the basis of `cause' creates a constitutionally protected interest in public employment." Johnson v. Beary,
665 So.2d 334, 335 (Fla. 5th DCA 1995). Under section
110.227(1), Florida Statutes (1995), an employee who has permanent status in the career service may only be suspended or dismissed for cause....
CopyCited 2 times | Published | District Court, N.D. Florida | 2009 U.S. Dist. LEXIS 57983, 2009 WL 1928194
...In determining whether a statutory cause of action is created by a statute that does not express a provision imposing civil liability, legislative intent guides the courts' determination. See Horowitz v. Plantation General Hospital Ltd. Partnership,
959 So.2d 176, 181 (Fla.2007). Plaintiff claims that Florida Statutes §
110.227 imposes a duty upon DEP to ensure that employees are only terminated for cause....
...stion of whether a breach of that duty would give rise to civil liability.") (citations omitted). Instead, employees who believe that the procedures in this statute have not been followed properly are directed to file an appeal with PERC. Fla. Stat. § 110.227(5)(a)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2007 Fla. App. LEXIS 11367, 2007 WL 2089266
...The commission may not reduce the penalty imposed by the agency head, except in the case of law enforcement or correctional officers, firefighters, and professional health care providers, if the commission makes specific written findings of mitigation. Id. (codified at § 110.227(6)(c), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2006 WL 162722
...been repealed by the "Service First" legislation, Chapter 2001-43, Laws of Florida. That legislation required the repeal of the career service rules, and, in particular, mandated the deletion of any layoff rule containing a "bumping" provision. See § 110.227(2), Florida Statutes (2001)....
...ble, performed or enforced. Chapter 60K-17, Florida Administrative Code, which formerly governed workforce reduction, contained a "bumping" provision in Rule 60K-17.004(3)(g). However, when the 2001 Legislature enacted the Service First legislation, section 110.227(2) was amended to read: The department shall establish rules and procedures for the suspension, reduction in pay, transfer, layoff, demotion and dismissal of employees in the career service....
...After that litigation culminated in this court's opinion in Florida Public Employees Council 79, AFSCME v. Bush,
860 So.2d 992 (Fla. 1st DCA 2003), the grievance was rescheduled for arbitration. Thereafter, the state refused to arbitrate taking the position "that DOT laid off the toll collector employees in accordance with Section
110.227(2), Florida Statutes, which became effective on May 14, 2001 and superceded Rule 60K-17, F.A.C....
...PERC's general counsel reviewed the charge pursuant to section
447.503(2) and rule 60CC-5.002. The general counsel accepted the reasoning of the state that Article 8, by requiring adherence to former Chapter 60K-17 and allowing "bumping" rights, was in contravention of section
110.227(2)....
...In the order under review, PERC adopted the rationale of the general counsel for dismissing the case, stating as follows: The Service First legislation enacted in 2001 repealed the State's personnel rules, including its layoff rule. As part of that legislation, section 110.227(2), Florida Statutes (2001), prohibited replacing the layoff rule with one that included bumping rights for career service employees other than law enforcement or correctional officers, firefighters, or professional health care providers....
...ause we would have been justified in deciding the issue differently were it before us in the first instance. *681 Therefore, the state urges this court to affirm PERC's decision that the layoff action in this case was administered in accordance with section 110.227(2), which became effective on May 14, 2001 and superseded Chapter 60K-17, because it is not clearly erroneous....
...Article 8 of the parties' CBA expressly requires layoffs to be implemented pursuant to the provisions of Chapter 60K-17. Chapter 60K-17, containing the disputed layoff rule, was repealed by section 42, Chapter 2001-43, Laws of Florida, effective January 1, 2002. The state argues that the effect of the amendment to section 110.227(2) was to immediately repeal the bumping rule, effective May 14, 2001. We disagree with that reading of section 110.227(2). Instead, as PERC recognized in its own order, section 110.227(2) "prohibited replacing the layoff rule with one that included bumping rights for Career Service employees ..." Section 110.227(2) contemplated that the state's bumping rule would be replaced by a new rule that considered comparative merit, demonstrated skills, and the employee's experience....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1993 WL 128848
...Department of Transportation,
564 So.2d 216 (Fla. 4th DCA 1990). The issue of abandonment was discussed in some depth in Tomlinson. As the second district court observed, the underlying statutes do not discuss abandonment or a presumption of separation.
558 So.2d at 66. For example, section
110.227(1) and (2), Florida Statutes (1989), provide: (1) Any employee who has permanent status in the career service may only be suspended or dismissed for cause....
...We question the treatment of an involuntary separation from career service employment as a formal resignation, rather than as a dismissal. Such construction effectively circumvents the statutory provision that an employee having "permanent status in the career service may only be suspended or dismissed for cause." Section 110.227(1), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1999 WL 821070
...1st DCA 1997) (holding that disciplinary standards defining sexual harassment in the workplace are internal management memoranda and not rules). We are also persuaded by a point made in the amicus briefs by the Attorney General and the Department of Management Services. Section 110.227(1), Florida Statutes states that "[e]ach agency head shall ensure that all employees of the agency are completely familiar with the agency's established procedures on disciplinary actions and grievances"; yet there is no accompanying...
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 31 I.E.R. Cas. (BNA) 1009, 2010 Fla. App. LEXIS 18677, 2010 WL 4829816
...In pertinent part, it provides that "[t]he [C]ommission or its designated agent shall hear appeals arising out of any suspension, reduction in pay, demotion, or dismissal of any permanent employee in the State Career Service System in the manner provided in s. 110-227." §
447.207(8), Fla. Stat. (2009). Section
110.227(6)(c) defines the scope of the Commission's review in a career service appeal. Based on this provision, the Commission is to determine whether cause existed for the employee's discipline or dismissal. See §
110.227(6)(c), Fla....
...t a showing that the employee was prejudiced in defending himself in a subsequent de novo career service appeal before the Commission." Id. The Commission's interpretation of its role is consistent with the statutory mandates of sections
447.207 and
110.227. Section
447.207 gives the Commission the authority to hear career service appeals "in the manner provided in s.
110.227." Section
110.227(6)(c) indicates that the Commission is to reverse it if finds a lack of cause for the agency's action and that it may, in some circumstances, reduce the penalty imposed by the agency head. Section
110.227 does not indicate that a career service appeal is a plenary review of agency action....
CopyPublished | District Court, S.D. Florida | 1987 U.S. Dist. LEXIS 16739, 1987 WL 45179
...ensive Control Program of the Florida State Department of Health and Rehabilitative Service (HRS). He was employed by HRS for seven years. 2. The Plaintiff enjoyed “permanent status” in the State of Florida Career Service System. Florida Statute 110.227(1) provides that a permanent status employee can be suspended or fired only for cause....
...The Plaintiff entered into an employment contract with the Defendants. He was employed by the Florida State Department of Health and Rehabilitative Services for over seven years. He enjoyed “permanent status” in the State of Florida Career Service System. Florida Statute 110.227(1) provides that a permanent status employee can be suspended or fired only for cause....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 2157, 1988 Fla. App. LEXIS 4133, 1988 WL 94265
...We hold that this 1974 statute, 2 located in Chapter 215 setting forth general provisions governing state financial matters, does not control disciplinary proceedings against DOT’s employees under the provisions of DOT’s Rule 14-17.005 which was promulgated under the authority of section 110.227(2), Florida Statutes (1979)....
...When the legislature enacted Chapter 110 in 1979, with its creation of the Career Service System, it set forth a new, comprehensive method for dealing with state employment. Lee v. Florida Department of Highway Safety and Motor Vehicles,
438 So.2d 405, 406 (Fla. 4th DCA 1983). Section
110.227(2) required each department to establish rules and procedures for the suspension, reduction in pay, transfer, layoff, demotion, and dismissal of employees in the Career Service. DOT promulgated Rule 14-17.005 to implement the requirements of section
110.227....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 21634
...The directed verdict was granted on grounds that the Department had failed to conform to applicable law, as the charges *876 stated in the letters did not adequately apprise Barry of sufficient facts to enable him to prepare his defenses and therefore did not meet the due process requirements of section 110.227(5)(a), Florida Statutes 5 and Fla.Admin.Code Rule 22A-10.042(3)(b)....
...was able to escape the confines of Zephyrhills Correctional Institution and pose a real threat to the community. Your decision to wait to react to this emergency situation rather than to take steps to eliminate this possible danger was negligent. . Section 110.227(5)(a), Fla.Stat., provides: (5)(a) Any permanent career service employee who is subject to suspension or dismissal shall receive written notice of such action at least 10 days prior to the date such action is to be taken....
CopyPublished | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 15704, 2003 WL 22399559
...h may be grieved, grounds for disciplinary actions, the burdens of proof in arbitration under the contract procedure, and leaves of absence. The State’s last offer also suggests the parties adopt the employing agency’s layoff transition plan and section 110.227, Florida Statutes, as the procedure for effecting layoffs of bargaining unit members....
CopyPublished | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 2336, 1988 Fla. App. LEXIS 4580
...leaving after approximately one-half hour. It was also alleged that on July 25, English came to work late without excuse, and on July 26 he returned from lunch with the smell of alcohol on his breath. Following a disciplinary proceeding pursuant to section 110.227, Florida Statutes (1985), English was dismissed for “problem drinking or alcoholism after treatment proved unsuccessful.” A grievance proceeding ensued, but the dismissal was affirmed....
...DGS also contends that for purposes of unemployment compensation, the qualifying phrase “but not limited to” in the §
443.036(24) definition of misconduct effectively adopts the definition of misconduct used in the career service system, even in the absence of specific reference to §
110.227. We disagree. Section
110.227 provides that a career service employee may be dismissed or suspended for cause....
CopyPublished | District Court of Appeal of Florida | 14 Educ. L. Rep. 606, 1983 Fla. App. LEXIS 23572
did not meet the due process requirements of Section
110.227(5)(a), Florida Statutes (1981); Rule 22A-10
CopyPublished | Florida 3rd District Court of Appeal | 38 I.E.R. Cas. (BNA) 700, 2014 Fla. App. LEXIS 8115, 2014 WL 2199805
...robationary employee — rather than a permanent status employee — was clearly erroneous. 4 PERC has jurisdiction to review appeals of permanent status employees in Florida’s career service system who challenge their dismissal from employment. §§
110.227(5)(a);
447.207(8), Fla....
...us employees. Affirmed. ROTHENBERG, J., concurs. . While not relevant to this appeal, FWC alleged that Delong's conduct involving the July 30, 2012, motor vehicle crash violated certain standards applicable to career service employees. . Pursuant to Section 110.227, Florida Statutes (2012), PERC has jurisdiction to hear appeals filed by permanent status career service employees....
...clearly erroneous. See Brown,
969 So.2d at 557 . Pursuant to Section
447.207(8), Florida Statutes, PERC is expressly designated to hear appeals of dismissals of any "permanent employee” in the State Career Service System "in the manner provided in Section
110.227.” Hence, Sections 4 and 5 of House Bill 1381 (i.e., the sections regarding the transfer to FWC of DEP’s law enforcement personnel), the statutes relating to PERC’s jurisdiction, and the rules promulgated by DMS by virtue of such...
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 7215, 2016 WL 2755849
...Johnson’s attorney’s fees
under that statute. As set forth below, we agree and affirm.
The administrative action began on September 19, 2014, when the
Department dismissed Mr. Johnson from his employment as a corrections officer
under the extraordinary dismissal procedure set out in section 110.227(5)(b),
Florida Statutes.1 In accordance with that statutory procedure, the Department
notified Mr. Johnson of its extraordinary dismissal by letter dated September 19,
2014, and Mr. Johnson appealed the dismissal to the Public Employees Relations
Commission. § 110.227(5)(b), Fla....
...Johnson was
reinstated to his employment on February 13, 2015.
As the prevailing party, Mr. Johnson sought an award of attorney’s fees
under sections
120.595 and
120.569, Florida Statutes. Because hearing officers are
1
Chapter 120 applies to proceedings under section
110.227(5), Florida Statutes,
including judicial review of such administrative action. §§
110.227(6)(a),
447.504,
Fla....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19743
...In the administrative appeal, appellant contends that he was wrongfully denied a hearing pursuant to the provisions of §
120.57(1), Florida Statutes. Under § 110.-205, all positions in state government are under Career Service unless specifically exempted. Pursuant to §
110.227, Florida Statutes, suspensions, dismissals, reductions in pay, demotions, lay-offs and transfers are appealable to the Career Service Commission but §
110.205(3) provides that, “Employees of the Department of Law Enforcement shall be subject to the provisions of §
110.227 except in matters relating to transfer.” (Emphasis supplied.) Appellant contends that since employees of FDLE are denied the right to appeal orders of transfer to the Career Service Commission, they have the right to a hearing before the...
...ency pursuant to §
120.57 (The Administrative Procedure Act) and to thereafter appeal an adverse order of the agency to this Court pursuant to §
120.68. We disagree. The obvious legislative intent in exempting FDLE employees from the provisions of §
110.227, in matters relating to transfer was to exempt transfers from review and leave FDLE free to transfer its personnel at will without the restraints of review....
CopyPublished | Florida 2nd District Court of Appeal | 1997 Fla. App. LEXIS 7244
attained “permanent status in the career service.” §
110.227(1), Fla. Stat. (1995). See generally State, Dep’t
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 13908
...r commitment by offering German the position of radio-teletype operator. The Department appeals this order. We first note that German, a career service employee, could only be dismissed for cause, which includes inability to perform assigned duties. § 110.227(1), Fla....
...Lewis,
327 So.2d 862 (Fla. 1st DCA 1976)) The record in the present case clearly indicates that German was unable to perform the assigned duties of a Highway Patrol Officer I. The Department, therefore, had just cause to dismiss him from that position, §
110.227, and the Commission was *1015 required to affirm the dismissal....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 5379, 1991 WL 98006
...Muniz in a vacant clerk typist position and directing instead that Ms. Muniz oust her successor. We conclude that the Department’s point is well taken. Under the State Personnel Rules and Regulations, an employee with permanent status enjoys a number of rights within the career service system. See, e.g., § 110.227, Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal | 2005 Fla. App. LEXIS 11035, 2005 WL 1681794
...s of Florida Administrative Code Rule 28-106.201(2). Klein failed to avail himself of that opportunity and, on March 5, 2004, was forced to resign, whereupon he filed an appeal with PERC. In dismissing the appeal, PERC explained it was authorized by section 110.227(5)(a), Florida Statutes, to consider the appeals of only permanent Career Service employees....
CopyPublished | Florida 1st District Court of Appeal | 37 I.E.R. Cas. (BNA) 1084, 2014 WL 304915, 2014 Fla. App. LEXIS 1359
...Such notice may be delivered to the employee personally or may be sent by certified mail with return receipt requested. Agency compliance with the foregoing procedure requiring notice, evidence, and an opportunity for rebuttal must be substantiated. § 110.227(5)(b), Fla....
...g officer. Following the hearing, the hearing officer issued a recommended order, which was later adopted by the Commission, in which the officer found that the Department had appropriately utilized the extraordinary situation procedure described in section 110.227(5)(b)....
...Considering that Moyer did not know he was facing charges, it is unclear how he could have known that his telephone call with Robertson was his statutorily required rebuttal opportunity. Thus, the Moyer-Robertson conversation cannot qualify as the notice contemplated by section 110.227(5)(b)....
...Therefore, we reverse with instructions that Moyer be awarded ten days’ back pay. See Hooker v. Dep’t Mgmt. Servs., 27 FCSR 171, 173 (PERC 2012) (remanding for award of ten days’ back pay where agency failed to properly implement the extraordinary dismissal procedures of section 110.227(5)(b))....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 18751
...Appellant’s proper course of action would have been to file his notice of appeal and report as ordered. By failing to report, appellant voluntarily abandoned his position and with it, his right to appeal. AFFIRMED. COBB and COWART, JJ., concur. . Section 110.227(4), Florida Statutes (1979)....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 12350, 1993 WL 527427
...Also, PERC found that HRS’s actions as to these two dentists did not constitute true layoffs but instead were constructive dismissals entitling the dentists to backpay, attorney’s fees, and costs. We disagree. PERC erred in determining that the competitive area was drawn too narrowly. Section 110.227(3)(a), Florida Statutes (1991) describes the procedures that an agency must follow when faced with the prospect of layoffs....
...While DOA is required to approve the competitive area, the selection of the competitive area is a matter legislatively placed within the sound discretion of each agency. The record supports the fact that HRS and the DOA took into consideration the required approval criteria set out in section 110.227, Florida Statutes (1991) and Florida Administrative Code Rule 22A-7.011 in determining the competitive area for these health units....
...(b) Layoff procedures shall be developed to establish the relative merit and fitness of employees and shall include a formula for uniform application among all employees in the competitive area, taking into consideration the type of appointment, the length of service, and the quality of performance. Section 110.227(3)(a) and (b), Fla.Stat....
...Following its review, PERC properly concluded that the agency had a legitimate reason to abolish the dental programs. The record supports that HRS considered the organizational unit. Florida Administrative Code Rule 60K-4.011, like the authorizing statute, section 110.227(3), lists the type of organizational units which may be designated as competitive areas....
CopyPublished | Florida 3rd District Court of Appeal | 13 Fla. L. Weekly 864, 1988 Fla. App. LEXIS 1313, 1988 WL 28299
...(1985); see Kuhn v. State,
439 So.2d 291, 293 (Fla. 3d DCA 1983); Wale v. State,
397 So.2d 738, 740 (Fla. 4th DCA 1981); (b) this finding was a sufficient basis for FDHSP to terminate Lavery's employment as a trooper, §
447.208(3)(a), Fla. Stat. (Supp. 1986); §
110.227(1), Fla....
CopyPublished | District Court of Appeal of Florida
...ngs. If the appellant’s objections are not accepted by the State Personnel Director, the appellant shall be given a written explanation of the decision. Such decision shall be appealable to the District Court of Appeal.” . Now, Florida Statutes, § 110.227 (1979).
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 5344, 2011 WL 1414039
...captain), she was entitled, as a permanent career service employee, to other employment with the agency. On the purported authority of one of its earlier decisions, Alford v. Department of State, Case No. CS-2009-181 (Fla. PERC Sept. 25, 2009), and section 110.227, Florida Statues (2009), PERC dismissed the appeal on grounds it had no jurisdiction....
...construction of more than one statute. PERC “or its designated agent shall hear appeals arising out of any suspension, reduction in pay, demotion, or dismissal of any permanent employee in the State Career Service System in the manner provided in s.
110.227.” §
447.207(8), Fla....
...Such appeals often turn on whether the employing agency can, as a factual matter, prove cause for adverse employment action. At the time of her dismissal, Ms. Pesta was a career service employee who had not, however, completed a one-year probationary period in her then current position. Under section 110.227(1), Florida Statutes (2009), “[a]ny employee who has satisfactorily completed at least a 1-year probationary period in his or her current position may be suspended or dismissed only for cause.” In providing that an employee who has completed the probationary period can appeal a dismissal to PERC, section 110.227(5)(a), Florida Statutes (2009), implies that, until a probationary employee completes the probationary period, the employee may be dismissed from the position without cause and without a PERC hearing. But section 110.227(8), Florida Statutes (2009), which became effective on January 1, 2009, see Ch....
...Pesta denies DOC had cause, as a matter of fact, to dismiss her from employment. She asserts entitlement to a hearing on the question. Entitlement to a hearing at PERC when an employing agency dismisses permanent career service employees from the agency’s employment is not in doubt. Under section 110.227(8), moreover, a career service employee on probationary status only because of a recent promotion has the right to return to his or her former position (or to a comparable position), where the agency has such a position available....
...But where, as here, an employee serving a probationary period in a promotional position disputes that she was terminated from DOC for cause, and asserts that there was a position available to which she should have been returned (or transferred) as required by section 110.227(8), the employee is entitled to a hearing at which the question of whether the agency had cause for the termination can be decided....
