TAMMY G. WILSON, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION AND WILLIAMS ISLAND, A PRIVATE CLUB LIMITED, APPELLEES

Fla. 4th DCA | 1992-09-09
No. 91-3098
DOWNEY, STONE and FARMER, JJ., concur.
604 So. 2d 1274 Florida District Court of Appeal, Fourth District (1992) Positive Treatment
Cited by 8 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the commission’s order overturning the referee’s decision to grant unemployment benefits. The record reflects substantial competent evidence supporting the referee’s conclusion that appellant left her employment for good cause attributable to her employer. The referee found that the employer’s insisting on a substantial change in the employee’s work hours was a material and unilateral 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 1063 (Fla. 4th DCA 1987); Lovett v. Florida Unemployment Appeals Comm’n., 547 So. 2d 1253 (Fla. 1st DCA 1989).

DOWNEY, STONE and FARMER, JJ., concur.


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  • …its employees with a tolerable work environment is good cause for leaving employment attributable to the employer. See Lovett v. Fla. Unemployment Appeals Comm’n, 547 So. 2d 1253, 1254 (Fla. 1st DCA 1989); Wilson v. Fla. Unemployment Appeals Comm’n, 604 So. 2d 1274 (Fla. 4th DCA 1992). A tolerable work environment includes the employer refraining from inflicting verbal abuse upon the employee. See Gollet Enters. E., Inc. v. Fla Unemploy [*717] ment Appeals Comm’n, 630 So. 2d 1166 (Fla. 4th DCA 1993)(holding ve…
  • …ovide Brown with a tolerable work environment is good cause for leaving employment attributable to the employer. Lovett v. Florida Unemployment Appeals Comm’n, 547 So. 2d 1253, 1254 (Fla. 1st DCA 1989); Wilson v. Florida Unemployment Appeals Comm’n, 604 So. 2d 1274 (Fla. 4th DCA 1992). In Lovett, the court found that the employer’s failure to intercede in a dispute between appellant and a coemployee was sufficient to meet the good cause standard and avoid loss of unemployment compensation benefits. Lovett, 547…
  • …tantial change in an employee’s work hours, there is a material and unilateral breach of specific terms of the parties’ employment agreement which constitutes good cause attributable to the employer. E.g., Wilson v. Fla. Unemployment Appeals Comm’n, 604 So. 2d 1274, 1274 (Fla. 4th DCA 1992). In this case, the UAC agreed with the appeals referee’s finding of fact, but reversed his conclusion of law. In doing so, the UAC improperly overturned the appeals referee’s finding, as there was competent, substantial ev…

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