DEXTER A. GLENN, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEE

Fla. 3d DCA | 1987-12-08
No. 87-912
Before HENDRY, HUBBART and NESBITT, JJ.
516 So. 2d 88 Florida District Court of Appeal, Third District (1987) Caution
Cited by 39 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

This case reviews an unemployment benefits appeal where the Florida Unemployment Appeals Commission reversed an appeals referee's decision. The court affirmed the Commission's order, finding the claimant voluntarily left employment without good cause.


Holding

The claimant voluntarily relinquished his position without good cause attributable to the employer because he failed to avail himself of an opportunity to respond to a dismissal recommendation, thereby choosing not to preserve his employment.


Headnotes

[1] An employee who fails to respond to a disciplinary action report recommending dismissal, thereby allowing the dismissal to be implemented, has voluntarily relinquished th…

[2] An individual is expected to expend reasonable efforts to preserve their employment when afforded the opportunity to respond to disciplinary actions.

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Key Quotes

“The issue before the Commission is whether the claimant voluntarily left employment without good cause attributable to the employer or was discharged by the employer for misconduct connected with work within the meaning of section 443.101(1), Florida Statutes.”

This quote states the central legal question the Commission and the court addressed.

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Facts & Procedural History

The claimant, Dexter A. Glenn, was arrested and underwent counseling for interpersonal skills. Following an incident where a co-worker accused him of …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We have for our consideration an appeal of an order of the Florida Unemployment Appeals Commission. The order appealed reversed the decision of an appeals referee that the claimant, Dexter A. Glenn, was qualified for unemployment benefits.

The issues presented for our determination and the contentions of the parties are set forth in the order of the appeals commission which states, in pertinent part, as follows.

The issue before the Commission is whether the claimant voluntarily left employment without good cause attributable to the employer or was discharged by the employer for misconduct connected with work within the meaning of section 443.101(1), Florida Statutes.

The appeals referee made the following findings of fact:

The claimant became employed by the employer in December, 1978. The claimant last held the position of treatment plant operator I. In June, 1984, the claimant was arrested for his failure to display his drivers license on demand. As a result of the arrest, the claimant was sent to counseling. The claimant was under psychotherapeutic care from September, 1984 through April, 1985, at which time it was felt that he had successfully completed the treatment. It was recommended that the claimant contact the office for a follow-up visit. In the claimant’s evaluation in June, 1985, the claimant was advised that he needed improvement in his interpersonal skills. The claimant was advised that he should continue to put forth effort in controlling his emotions and temperament while working with fellow employees and peers.

On May 28, 1986, one of the claimant’s co-workers accused the claimant of trying to run him over with his truck.

On May 29, 1986, because of the claimant’s prior history, the claimant was suspended with pay pending the outcome of an investigation. The claimant did not try to run over the co-worker with his truck.

On May 29, 1986, the claimant was advised by one of the plant superintendents at another plant, he was being suspended and should leave the premises. The claimant refused because he felt it was his responsibility to perform his duties. When the claimant did not leave the premises, the police were called and the claimant was arrested for trespassing. The claimant was told to call in on a daily basis, which he did. The claimant was told to report to the office on June 12, 1986. At that time, the claimant was given a disciplinary action report. The claimant was advised that his dismissal was being recommended based upon the last incident.

On July 12,1986, the claimant was discharged for being offensive in his conduct towards his fellow employees and for conduct unbecoming an employee of the county.

Based on the above findings, the referee concluded that the claimant was discharged for reasons other than misconduct connected with his work. The referee’s decision is not supported by the record and is, accordingly, reversed.

The claimant was provided with a copy of a disciplinary action report on June 12, 1986, recommending his dismissal from employment. That document further provided that the claimant could respond orally or in writing to the charges against him and that his response would be made a part of the report to be considered prior to a final determination regarding the recommendation. The letter discharging the claimant from employment was issued only after the claimant declined to take any action regarding the dismissal recommendation. The letter of dismissal also informed the claimant that he had certain post-termination appeal rights which he declined to exercise.

Whenever feasible, an individual is expected to expend reasonable efforts to preserve his employment. The average, prudent person in the claimant’s situation would have made a good faith effort to defend himself against a discharge recommendation when afforded that opportunity. In allowing his dismissal to be implemented forthwith because he would not appropriately acknowledge or respond to the disciplinary action report recommendation, the claimant chose not to avail himself of an accessible avenue by which he might have retained his employment. Under those circumstances, it must be concluded that the claimant voluntarily relinquished his position without good cause attributable to the employer within the meaning of section 443.-101(l)(a), Florida Statutes. See Board of County Commissioners, Citrus County v. Florida Department of Commerce, 370 So. 2d 1209 (Fla. 2d DCA 1979); Quick v. North Central Florida Community Mental Health Center, 316 So. 2d 301 (Fla. 1st DCA 1975).

The decision of the appeals referee is reversed.

We have considered the findings of fact and decisions of the appeals referee and the appeals commission in the light of the record and the controlling decisions of the courts of Florida and have concluded that the order of the appeals commission is correct and should be affirmed.

Affirmed.


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Citator

Cited By (19 total)

  • …ends that, when afforded the opportunity, the average, prudent person in Grossman’s situation would have made a good faith effort to air her grievance publicly and/or defend herself before resigning. See Glenn v. Florida Unemployment Appeals Comm’n, 516 So. 2d 88 (Fla. 3d DCA 1987); Klesh v. Unemployment Appeals Comm’n, 441 So. 2d 1126 (Fla. 1st DCA 1983); Quick v. North Cent. Fla. Community Mental Health Ctr., 316 So. 2d 301 (Fla. 1st DCA 1975). The UAC overlooks that these cases urge employees to exhaust t…
  • Jerline Spangler v. Unemployment Appeals Comm'n, 632 So. 2d 98 (Fla. 5th DCA 1994)
    …waiting longer for her employer to change her job situation. Nothing in the record suggests additional time would have made any difference. REVERSED and REMANDED. GOSHORN and PETERSON, JJ., concur. . See Glenn v. Unemployment Appeals Commission, 516 So. 2d 88 (Fla. 3d DCA 1987) (worker who failed to respond to a disciplinary report which recommended his dismissal and who failed to defend himself against discharge by using available procedures to challenge his dismissal voluntarily relinquished his positi…
  • Mercury Marine Indus., Inc. v. Dillon, 779 So. 2d 356 (Fla. 2d DCA 2000)
    …d that such mistakes constitute excusable neglect. In Marshall Davis, 558 So. 2d 206, this court held that a failure to follow corporate policy for handling lawsuits constituted excusable neglect, and in Carter, Hawley, Hale Stores, Inc. v. Whitman, 516 So. 2d 88 (Fla. 3d DCA 1987), the Third District found the defendant’s tardiness in answering a complaint to be excusable neglect where it was: [Occasioned by a neglectful, but understandable, breakdown in the corporate defendant’s practice which occurred wh…

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