HARDY L. PASCHAL, APPELLANT,
v.
FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, DIVISION OF EMPLOYMENT SECURITY AND METROPOLITAN DADE COUNTY, APPELLEES

Fla. 3d DCA | 1981-10-27
No. 81-1304
Before BARKDULL, SCHWARTZ and JORGENSON, JJ.
405 So. 2d 1020 Florida District Court of Appeal, Third District (1981) Negative Treatment
Cited by 24 cases


Opinion of the Court
SCHWARTZ, Judge.

[*1021] SCHWARTZ, Judge.

Paschal seeks review of a determination of the Unemployment Appeals Commission that he was disqualified from unemployment compensation benefits because he “voluntarily left his employment without good cause attributable to his employer.” Section 443.06(l)(a), Florida Statutes (1979). This conclusion was based upon the finding of the appeals referee that the appellant was terminated from his job with the Dade County Welfare Department, which required the use of a privately owned vehicle, after his automobile was repossessed and he did not secure another.1 We hold that these facts fully justify the determination rendered below. See Echols v. Michigan Employment Security Commission, 380 Mich. 87, 155 N.W. 2d 824 (1968) (cab driver laid off because of driver’s license suspension left employment voluntarily without good cause attributable to employer); Donahue v. Catherwood, 33 App.Div.2d 848, 305 N.Y. S.2d 827 (1969) (same).

Affirmed.

. The appeals referee rendered a conclusion of law that the appellant was disqualified because of “misconduct connected with his work.” Sec. 443.06(l)(b), Fla.Stat. (1979). The appeals commission acted within the authority conferred by Sec. 120.57(l)(b) 9, Fla.Stat. (1979) by reaching a different, legally justified conclusion of law on the basis of the facts found by the referee and supported by the evidence.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (11 total)

  • Gulf Cnty. Sch. Bd. v. Washington, 567 So. 2d 420 (Fla. 1990)
    …09 (Fla. 2d DCA 1985), review denied, 486 So. 2d 598 (Fla.1986) (prison worker fired when Department of Corrections barred him from entry into prison because of selling drugs to inmates); Paschal v. Florida Department of Labor & Employment Security, 405 So. 2d 1020 (Fla. 3d DCA 1981), review denied, 412 So. 2d 468 (Fla.), cert. denied, 456 U.S. 981, 102 S.Ct. 2251, 72 L.Ed.2d 857 (1982) (claimant lost job requiring use of privately owned vehicle when automobile was repossessed). We believe that in each of thes…
    1 / 2
  • Fla. Sheriffs Youth Fund v. Dep't OF Labor & Emp. Sec., 436 So. 2d 332 (Fla. 2d DCA 1983)
    …first district, however, found this ruling “a tortured misconstruction of the letter and spirit of the unemployment compensation law.” Id. at 894. More analogous to the case before us is Paschal v. Florida Department of Labor & Employment Security, 405 So. 2d 1020 (Fla. 3d DCA 1981), petition for review denied, 412 So. 2d 468 (Fla.1982), which affirmed the Commission’s ruling that a county employee was disqualified from unemployment compensation benefits because he had voluntarily left his employment without…
  • …table to her employer regardless of whether the employee resigns or is discharged. See Florida Sheriff's Youth Fund v. Department of Labor, 436 So. 2d 332, 333 (Fla. 2d. DCA [*255] 1983); Paschal v. Florida Department of Labor & Employment Security, 405 So. 2d 1020 (Fla. 3d DCA 1981), petition for review denied, 412 So. 2d 468 (Fla.1982); and Fowler v. City of Hollywood, 450 So. 2d 866 (Fla. 4th DCA 1984). Under the “Unemployment Compensation Law,” Section 443.101(l)(a), Florida Statutes, an individual is disq…

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