FLORIDA DEPARTMENT OF AGRICULTURE & CONSUMER SERVICES, APPELLANT,
v.
JOHNNY DOSS, APPELLEE
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The Florida Department of Agriculture appealed an unemployment compensation decision where the Unemployment Appeals Commission reversed the denial of benefits to an inspector who refused a seasonal out-of-state work assignment. The court held that the refusal was unreasonable because the employee had signed a statement agreeing to transfers as a condition of employment and had regularly worked out of state for years.
The court held that Doss failed to show good cause for refusing the work assignment. His refusal was unreasonable because he had explicitly agreed to transfers in and out of state, had a history of accepting such transfers, and the isolated prior altercation in Georgia (unattributable to the employer) did not justify refusing all further work in that state.
[1] An employee who accepts transfers, including out-of-state transfers, as a condition of employment cannot refuse a work assignment based on the location of the transfer if…
[2] A single unfortunate altercation at a work location, not attributable to the employer, does not constitute good cause for an employee to refuse all future work in that st…
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Join FLexlaw to unlock all legal intelligence“Doss knew that travel was common to this type of employment and specifically agreed to transfers both in and out of the State of Florida at the time he was employed.”
Establishes that Doss had contractually agreed to out-of-state transfers as a condition of employment
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJohnny Doss was employed by the Florida Department of Agriculture since 1966 as a fruit, nut, and vegetable inspector in a seasonal position requiring…
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COBB, Judge.
The Florida Department of Agriculture appeals from a decision of the Unemployment Appeals Commission, which reversed a decision of the appeals referee affirming the initial determination of the claims examiner, who denied the application of the appellee, Johnny Doss, for unemployment compensation.
In 1966, Doss was employed by the Florida Department of Agriculture as a fruit, nut, and vegetable inspector. The nature of the work is seasonal, and inspectors are expected to move from state to state. At the time of his employment, Doss signed a statement recognizing that transfers both within and without the State of Florida would be necessary, and he accepted such transfers as a condition of employment.
Thereafter, Doss worked out of state each year for some period of time. In 1979, he received a letter from his supervisor requesting him to report for work in Albany, Georgia, on August 15, 1979. Doss refused for the stated reason that he had been involved in a physical altercation with a bellicose individual in Georgia the preceding season, although not in Albany. He also cited the increased cost of living as a basis for his refusal.
When Doss applied for unemployment compensation, the claims examiner found that he had refused to work out of state, contrary to the express condition of his employment and in contravention of his past record of out-of-state work over the years. Therefore, the examiner found that Doss failed to show that the work was unsuitable or that he had good cause for refusing it. This decision was affirmed by the claims referee.
In reversing, the Unemployment Appeals Commission found that good cause to refuse work was established by the showing that the distance of relocation was over 300 miles and the job was for a temporary period of time. This finding cannot be sustained under these circumstances. Doss knew that travel was common to this type of employment and specifically agreed to transfers both in and out of the State of Florida at the time he was employed. One unfortunate altercation at one location in Georgia, in no way attributable to the employer, is no basis to refuse all further work in that state. Therefore, Doss' refusal was unreasonable, and the decision of the appeals referee was supported by substantial, competent evidence, and should not have been overturned by the commission. David Clark & Associates, Inc. v. Kennedy, 390 So. 2d 149 (Fla. 1st DCA 1980); Lundy’s Market, Inc. v. Fia. Dept. of Commerce, 373 So. 2d 433 (Fla. 3d DCA 1979); General Tel ephone Co. of Florida v. Board of Review, 356 So. 2d 1357 (Fla. 2d DCA 1978).
The decision of the Commission is quashed, and the decision of the appeals referee is reinstated.
UPCHURCH and COWART, JJ., concur.
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Scholastic Book Fairs, Inc. v. Unemployment Appeals Comm'n, 671 So. 2d 287 (Fla. 5th DCA 1996)…my view that the result is unjust, and to suggest that perhaps a better standard of review is necessary other than whether the hearing officer’s findings are supported by substantial competent evidence. See Florida Department of Agriculture v. Doss, 392 So. 2d 990 (Fla. 5th DCA 1991). It is abundantly clear from the record, including Smith’s own testimony, that he engaged in misconduct related to his work. Essentially, the facts show that when his employer, Scholastic Book Fairs, Inc., Great American Divisio…
Authorities Cited
- David Clark & Assocs., Inc. v. Lowell E. Kennedy, Jr., 390 So. 2d 149 (Fla. 1st DCA 1980)
- Gen. Tel. Co. OF Fla. v. Bd. OF Review, 356 So. 2d 1357 (Fla. 2d DCA 1978)
- Mathis v. State, 373 So. 2d 433 (Fla. 3d DCA 1979)
- Lundy's Mkt., Inc. v. Fla. Dep't OF Commerce, 373 So. 2d 433 (Fla. 3d DCA 1979)