CAREY MCANALLY AND COMPANY, INC., APPELLANT,
v.
MARGARET S. WOODRING AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
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Carey McAnally and Company appeals a Florida Unemployment Appeals Commission order reversing the referee's denial of unemployment benefits to a waitress who quit after refusing a one-day assignment to clean the restaurant at reduced pay. The court reverses, holding that the referee's finding that the employee voluntarily left without good cause was supported by substantial, competent evidence.
The court reversed the Commission's decision, holding that the referee's finding that Woodring voluntarily left without good cause was based on substantial, competent evidence and that the employer's request was reasonable.
[1] A claimant voluntarily leaves employment without good cause attributable to the employer when the claimant refuses a temporary work assignment that is not outside the sco…
[2] An unemployment appeals commission cannot reverse a referee's factual finding regarding voluntary departure from employment unless the finding is not based on substantial…
Previewing 2 of 6 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 determination of whether a claimant has left his employment voluntarily is a question of fact [...] Thus, the Commission cannot reverse the referee's finding on that matter unless the finding was not based on substantial, competent evidence.”
Establishes the standard of review for voluntary separation cases—substantial evidence must support the referee's factual finding.
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Join FLexlaw to unlock all legal intelligenceMargaret Woodring worked as a waitress at Wags/Country Kitchens Restaurant for four years, earning $10–$10.50 per hour through tips. When the restaura…
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PARKER, Judge.
Carey McAnally and Company, Inc., appeals the order of the Florida Unemployment Appeals Commission which reversed the appeals referee’s decision and allowed Margaret S. Woodring to collect unemployment compensation benefits. We reverse, concluding that the appeals referee’s finding that Woodring voluntarily left her employment without good cause attributable to her employer was based on substantial, competent evidence.
Woodring worked as a waitress at Wags/Country Kitchens Restaurant for four years. Because Woodring received tips, she averaged between $10 and $10.50 per hour. Woodring quit her job when her employer advised her that she would be required to work the following day, a previously scheduled work day, cleaning for the restaurant’s grand reopening. The employer would pay her $4.25 per hour. No other employee refused to work under those terms and conditions. The appeals referee found that Woodring voluntarily left her employment and that the temporary work assignment was not so harmful to Woodring that it would give her good cause attributable to the employer for leaving her employment. The Florida Unemployment Appeals Commission reversed the referee, concluding that the change in the nature of the work and rate of pay would impel a reasonable employee to leave employment.
The determination of whether a claimant has left his employment voluntarily is a question of fact. Verner v. State Unemployment Appeals Comm’n, 474 So. 2d 909 (Fla. 2d DCA 1985). Thus, the Commission cannot reverse the referee’s finding on that matter unless the finding was not based on substantial, competent evidence. Verner, 474 So. 2d at 911. The referee’s decision in this ease was based on substantial, competent evidence. Cleaning was not outside of the scope of Woodring’s job duties. Further, even if considered a change in tasks and compensation, it was only for one day. Moreover, every employee who was scheduled to work that day was required to come in and clean, and no other employee refused to do so.
The case of National Insurance Services, Inc. v. Florida Unemployment Appeals Commission, 495 So. 2d 244 (Fla. 2d DCA 1986) is factually similar to the instant case. The employer instituted a policy that all employees in the claims department were required to take turns cleaning the coffee area. Two claims examiners refused to do so, which resulted in their termination.
This court reversed the Commission’s decision to allow benefits and reinstated the referee’s decision which found that the employer’s request was reasonable and that the refusal to perform the duties constituted misconduct. Similarly, the employer’s request in the instant case was reasonable under the circumstances. The employer required all employees who were scheduled to work that day without discrimination to clean. Further, Woodring was the only employee who refused to perform the duties. That factor is relevant when determining whether the average able-bodied worker would quit the job. Platt v. Unemployment Appeals Comm’n, 618 So. 2d 340 (Fla. 2d DCA 1993).
Based on these factors, we reverse the order of the Commission and direct that the Commission reinstate the decision of the referee.
Reversed and remanded.
CAMPBELL, A.C.J., and HALL, J., concur.
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Tourte v. Oriole OF Naples, Inc., 696 So. 2d 1283 (Fla. 2d DCA 1997)…y’s well written opinion, I would affirm because the Commission has the authority to make this legal decision based on the facts as viewed in the light most favorable for the employee, Janice M. Tourte. Unlike Carey McAnally & Co., Inc. v. Woodring, 629 So. 2d 301 (Fla. 2d DCA 1993), this case does not hinge on whether Ms. Tourte “voluntarily” left her employment. There is no question of fact that she quit voluntarily. The issue in this case is whether she left for “good cause attributable to her employer.” R…1 / 2
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Cullen v. Neighborly Senior Servs., Inc., 775 So. 2d 392 (Fla. 2d DCA 2000)…ng with Stanley. In reviewing the record, we conclude that the appeals referee’s decision was not supported by substantial, competent evidence, and therefore, the UAC erred in affirming the referee’s decision. See Carey McAnally and Co. v. Woodring, 629 So. 2d 301 (Fla. 2d DCA 1993). The referee found that Cullen angrily left Stanley’s office during the meeting while Stanley was still speaking to him. There is no competent substantial evidence in the record supporting this finding. At the hearing before the…
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Rozell v. State, 752 So. 2d 99 (Fla. 2d DCA 2000)…la. 2d DCA 1997) (“ ‘[G]ood cause attributable to the employer’ is an ultimate fact best left to the fact-finder. A reasonable worker is much akin to the reasonable prudent person in the negligence context.”); Carey McAnally & Co., Inc. v. Woodring, 629 So. 2d 301, 302 (Fla. 2d DCA 1993). In this case, the claimants have not provided a copy of the transcript from the proceedings below. Accordingly, we have no basis from which to determine that the UAC erred in affirming the appeals referee’s findings. Affir…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Verner v. State, 474 So. 2d 909 (Fla. 2d DCA 1985)
- Nat'l Ins. Servs., Inc. v. Fla. Unemployment Appeals Comm'n & Janice A. Davis, 495 So. 2d 244 (Fla. 2d DCA 1986)
- Platt v. Unemployment Appeals Comm'n & Club at Pelican Bay, Inc., 618 So. 2d 340 (Fla. 2d DCA 1993)