PATRICIA G. KRALJ, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION AND COCA-COLA COMPANY, APPELLEES

Fla. 2d DCA | 1989-01-20
No. 88-657
CAMPBELL, C.J., and DANAHY, J., concur.
537 So. 2d 201 Florida District Court of Appeal, Second District (1989) Caution
Cited by 9 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

Patricia Kralj appealed the reversal of her eligibility for unemployment benefits after voluntarily quitting Coca-Cola due to a significant salary discrepancy. The court reversed the Unemployment Appeals Commission, holding that the reasonableness of steps taken to remedy employment conditions is a question of fact for the finder of fact, not the Commission.


Holding

The court reversed the Commission's decision and reinstated the appeals referee's order finding Kralj eligible for unemployment benefits. The reasonableness of efforts to rectify an employment problem is a factual question to be decided by the finder of fact, not by the Commission as a matter of legal interpretation.


Headnotes

[1] The reasonableness of an employee's steps to remedy a work situation before quitting is an issue for the finder of fact in the absence of written standards.

[2] An employer's failure to meet salary promises made during the hiring process can constitute good cause attributable to the employer for an employee's resignation.

Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“Because the reasonableness of the steps to be taken is, in the absence of written standards, an issue to be resolved by the finder of fact, we reverse the order of the Commission.”

Establishes that the court is reversing because the Commission incorrectly determined as a legal matter what steps were reasonable, when this should be a factual determination.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Kralj was hired by Coca-Cola after interviews in which she was assured her salary would match her previous $24,000 annual salary within one year. Over…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
THREADGILL, Judge.

THREADGILL, Judge.

This appeal is from a decision of the Unemployment Appeals Commission finding the claimant ineligible for unemployment compensation benefits. The Commission reversed an appeals referee, holding that the claimant did not demonstrate that she took all reasonable steps to remedy her work situation before quitting. Because the reasonableness of the steps to be taken is, in the absence of written standards, an issue to be resolved by the finder of fact, we reverse the order of the Commission.

Patricia Kralj was employed by the Coca-Cola Company after two preliminary interviews. The record reflects that she was assured in her initial interview that it would be no problem for Coca-Cola to match her previous salary of $24,000, and in the second interview that she would reach that pay level within one year. In reliance on these promises, Ms. Kralj accepted employment and began work on September 25, 1986.

Ms. Kralj worked for Coca-Cola from September 25, 1986, until September 17, 1987. During her employment, she received one raise which increased her annual salary to $17,600. The record reflects that on more than one occasion Ms. Kralj approached her immediate supervisor about the salary discrepancy. The supervisor testified that he checked with the personnel department, and was told that the appellant would receive no further increases as she was already receiving the highest salary available for her classification. This information was relayed to Ms. Kralj, who gave notice and left her employment.

A claim for unemployment compensation benefits by Ms. Kralj was denied after the initial claims examiner determined that she had voluntarily quit without good cause attributable to the employer. Ms. Kralj appealed this decision; there was an evidentiary hearing and an appeals referee reversed the decision of the claims examiner, finding that the resignation was for good cause attributable to the employer. Coca-Cola appealed the decision of the referee and the Unemployment Appeals Commission reversed, finding that while the employer may have breached the employment agreement the claimant “did not demonstrate that she took all reasonable steps available to her to remedy her situation.” Ms. Kralj filed a timely notice of appeal.

The cases cited by the Commission for the proposition that a worker must make a reasonable effort to preserve employment or forfeit entitlement to benefits may be distinguished in two respects. First, in each of the cited cases the employee had been accused of some misconduct. Second, and perhaps more significantly, the employee had not exhausted an established grievance procedure. See Board of County Commissioners, Citrus County v. Florida Department of Commerce, 370 So. 2d 1209 (Fla. 2d DCA 1979); Beard v. State Department of Commerce, 369 So. 2d 382 (Fla. 2d DCA 1979); Glenn v. Florida Unemployment Appeals Commission, 516 So. 2d 88 (Fla. 3d DCA 1987); Klesh v. Unemployment Appeals Commission, 441 So. 2d 1126 (Fla. 1st DCA 1983); Quick v. North Central Florida Community Mental Health Center, 316 So. 2d 301 (Fla. 1st DCA 1975). Here the record indicates that Ms. Kralj had been considered an excellent employee and that there was no established procedure for resolution of such problems.

We note that the employer did not dispute that Ms. Kralj was told she would be earning $24,000 annually by the end of her first year with Coca-Cola. The appeals referee thus found that Coca-Cola had breached the employment agreement with the employee, that she had tried to rectify the situation, and that her resignation was for good cause attributable to the employer. The Commission argues that Ms. Kralj had a duty to go beyond her supervisor to attempt to remedy this problem, but the record does not reflect that there was another avenue available for her to do so.

Because we find that the reasonableness of the efforts to rectify is a matter for the finder of fact, we reverse the decision of the Unemployment Appeals Commission, and reinstate the order of the appeals referee finding Ms. Kralj eligible for unemployment compensation benefits.

REVERSED.

CAMPBELL, C.J., and DANAHY, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Tourte v. Oriole OF Naples, Inc., 696 So. 2d 1283 (Fla. 2d DCA 1997)
    …ccepted at the time of hire. The question of whether an employee took sufficient reasonable steps prior to resigning for good cause attributable to the employer is an issue to be resolved by the fact-finder. See Kralj v. Unemployment Appeals Comm’n, 537 So. 2d 201 (Fla. 2d DCA 1989). Here, the appeals referee found Ms. Tourte’s actions reasonable and proper. In conclusion, there was competent, substantial evidence to support the appeals referee’s conclusion that Ms. Tourte voluntarily left her employment wit…
  • Lissette Perez v. Am. Med., Inc., 842 So. 2d 285 (Fla. 3d DCA 2003)
    …pted at the time of hire. The question of whether an employee took sufficient reasonable steps prior to resigning for good cause attributable to the employer is an issue to be resolved by the fact-finder.[1] See Kralj v. Unemployment Appeals Comm’n, 537 So. 2d 201 (Fla. 2d DCA 1989). Here, the appeals referee found Ms. Tourte’s actions reasonable and proper. Tourte, 696 So. 2d at 1286. Accord, e.g., Gary v. Unemployment Appeals Comm’n, 838 So. 2d 1251 (Fla. 2d DCA 2003); Ferguson v. Henry Lee Co., 734 So. 2d…
  • …nilateral breach of specific terms of the parties’ employment agreement. The referee further concluded that this breach constituted good cause for her leaving and was attributable to the employer. . See Kralj v. Florida Unemployment Appeals Comm’n., 537 So. 2d 201 (Fla. 2d DCA 1989). Under such circumstances, the fact findings of an appeals referee must be upheld. E.g., Public Employees Rel. Comm’n. v. Dade County Police Benevolent Ass’n., 467 So. 2d 987 (Fla.1985); Trinh Trung Do v. Amoco Oil Co., 510 So. 2d…

Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw