GERARDO IGLESIAS, APPELLANT,
v.
EAGLE NATIONAL BANK OF MIAMI, ET AL., APPELLEES
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Gerardo Iglesias appealed the Unemployment Appeals Commission's reversal of an appeals referee's decision awarding him unemployment compensation benefits. The court reversed the Commission's decision, holding that Iglesias voluntarily left his employment with good cause attributable to his employer, satisfying the statutory requirements for unemployment benefits.
The court held that the appeals referee's conclusions that Iglesias left his employment with good cause attributable to the employer, having made all reasonable efforts to preserve his employment, were supported by substantial competent evidence and applicable law. The Unemployment Appeals Commission improperly reversed this decision.
[1] An employee may voluntarily leave employment with good cause attributable to the employer when the employer disregards repeated requests for assistance and fails to respo…
[2] An employer's contention that an employee was not performing a responsible job is suspect when the employer left the employee in charge of a branch for an extended period…
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“The claimant has attempted on numerous occasions to resolve his problem with the employer. The claimant finally reduced his position to a writing on March 19, 1991. After a reasonable time with no response from the employer the claimant submitted his resignation on April 1, 1991.”
Establishes the facts showing Iglesias made reasonable efforts to preserve his employment before voluntarily resigning.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIglesias was hired by Eagle National Bank to help the branch manager solicit new clients. In November 1990, after the branch manager was terminated, I…
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PER CURIAM.
After hearing, the appeals referee determined that Iglesias was entitled to unemployment compensation benefits. He concluded as follows:
The record shows that the claimant voluntarily left his employment on April 1, 1991 after receiving no response from his March 19, 1991 letter. The claimant when initially hired was told that he would be helping the branch manager in soliciting a new client base for the bank.
In November 1990 the claimant had to assume additional duties because the branch manager was let go. The claimant’s repeated request of his supervisor for additional help fell on deaf ears. The claimant has attempted on numerous occasions to resolve his problem with the employer. The claimant finally reduced his position to a writing on March 19, 1991. After a reasonable time with no response from the employer the claimant submitted his resignation on April 1, 1991. The employer’s disregard for the claimant’s requests and promises at the initial time of hire would give the claimant good cause for leaving his employment.
Accordingly, it must be held that the claimant voluntarily left his employment with good cause attributable to the employer. The employer’s contention that the claimant was not doing a responsible job at the branch is highly suspect. The employer left the claimant in charge of the branch without a branch manager for over six months. For these reasons and considering the demeanor of the witnesses the referee chooses the claimant’s testimony as more credible whenever conflicts occur. On this appeal from the Unemployment Appeals Commission’s reversal of this decision, it is enough to adopt our opinion in Diaz v. Winn-Dixie Stores, Inc., 587 So. 2d 677 (Fla. 3d DCA 1991):
The appeals referee’s conclusions that the appellant “left [his] employment with good cause attributable to the employer” [e.s.], see § 443.101(1)(a), Fla.Stat. (1989), having made all reasonable efforts to preserve her employment, Glenn v. Florida Unemployment Appeals Commission, 516 So. 2d 88 (Fla. 3d DCA 1987), are supported by substantial competent evidence and the applicable law. See Kan v.
P. G. Cook Assocs., 566 So. 2d 932 (Fla. 3d DCA 1990); Kralj v. Florida Unemployment Appeals Comm’n, 537 So. 2d 201 (Fla. 2d DCA 1989); Glenn, 516 So. 2d at 88. The commission therefore improperly set them aside. Kan, 566 So. 2d at 932; see Florida Industrial Comm’n v. Ciarlante, 84 So. 2d 1 (Fla.1955); Perez v. State Dep’t of Labor & Employment, 377 So. 2d 806 (Fla. 3d DCA 1979).
Consequently, the order under review denying unemployment compensation benefits is reversed and the cause is remanded with directions to afford the appellant the benefits claimed.
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Platt v. Unemployment Appeals Comm'n & Club at Pelican Bay, Inc., 618 So. 2d 340 (Fla. 2d DCA 1993)…ith Platt’s assessment that the failure of Pelican Bay to secure extra staff during the peak of the winter season created an intolerable condition of employment and provided him with good cause to leave. See Iglesias v. Eagle National Bank of Miami, 598 So. 2d 262 (Fla. 3d DCA1992) (claimant whose “repeated requests for additional help fell on deaf ears” quit his job for good cause attributable to employer). We reverse the order under review and remand with directions to accord Platt unemployment compensatio…
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Cheung v. Executive China Doral, Inc., 617 So. 2d 403 (Fla. 3d DCA 1993)…he appellant was laid off due to lack of work was supported by competent evidence, it was unjustifiably reversed by the Unemployment Appeals Commission on the basis of its own finding that she voluntarily quit. Iglesias v. Eagle Nat’l Bank of Miami, 598 So. 2d 262 (Fla. 3d DCA 1992). Accordingly, the order below is reversed with directions to afford Cheung the unemployment benefits claimed.…
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Seifried v. Shell Lumber & Hardware Co. & Fla. Unemployment Appeals Comm'n, 619 So. 2d 526 (Fla. 3d DCA 1993)…etent evidence, it was unjustifiably reversed by the Unemployment Appeals Commission on the basis of its own conclusion that he was. See Cheung v. Executive China Doral, Inc., 617 So. 2d 403 (Fla. 3d DCA 1993); Iglesias v. Eagle Nat’l Bank of Miami, 598 So. 2d 262 (Fla. 3d DCA 1992). Accordingly, the order below is reversed with directions to afford Seifried the unemployment benefits claimed. SCHWARTZ, C.J., and BASKIN, J., concur.…
Authorities Cited
- Fla. Indus. Comm'n v. Ciarlante, 84 So. 2d 1 (Fla. 1955)
- Perez v. State, 377 So. 2d 806 (Fla. 3d DCA 1979)
- Glenn v. Fla. Unemployment Appeals Comm'n, 516 So. 2d 88 (Fla. 3d DCA 1987)
- The Dep't OF Health & Rehabilitative Servs. OF the State OF Fla. v. Ondrizek, 566 So. 2d 932 (Fla. 3d DCA 1990)
- Piper v. State, 537 So. 2d 201 (Fla. 2d DCA 1989)
- Kralj v. Fla. Unemployment Appeals Comm'n & Coca-Cola Co., 537 So. 2d 201 (Fla. 2d DCA 1989)
- Bradshaw v. Pantry Pride Enters., Inc., 587 So. 2d 677 (Fla. 3d DCA 1991)
- Diaz v. Winn-Dixie Store, Inc., 587 So. 2d 677 (Fla. 3d DCA 1991)