ROBIN M. BELL, APPELLANT,
v.
UNEMPLOYMENT APPEALS COMMISSION, ET AL., APPELLEES
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Robin Bell appealed the denial of unemployment compensation based on voluntary termination of employment. The Unemployment Appeals Commission and referee found that Bell voluntarily quit her job, and the court affirmed, holding that the referee's factual findings were supported by substantial competent evidence.
The court affirmed the referee's decision that Bell voluntarily terminated her employment. Where the findings of fact are supported by substantial competent evidence, the appellate court is not in a position to overturn them.
[1] An appeals referee's findings of fact in an unemployment compensation case will not be overturned by an appellate court if supported by substantial competent evidence.
[2] An employee's request to be laid off, made in response to a potential change in job duties and in the context of seeking other employment, may constitute a voluntary term…
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Join FLexlaw to unlock all legal intelligence“Where the findings of fact of an appeals referee in an employment compensation case are supported by substantial competent evidence, this court is not in a position to overturn them.”
Establishes the standard of review requiring deference to referee's factual findings supported by substantial competent evidence.
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Join FLexlaw to unlock all legal intelligenceBell was employed by Longwood International Travel as a receptionist in 1991 and was promoted to an administrative position. On October 15, 1993, her …
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GRIFFIN, Judge.
Appellant, Robin M. Bell, appearing pro se, has appealed an order of the Unemployment Appeals Commission affirming a referee’s decision denying her unemployment compensation on the ground she voluntarily terminated her employment.
Bell was employed by Longwood International Travel as a receptionist in 1991. She was subsequently promoted to an administrative position. On October 15, 1993, Bell’s employment was terminated. The reason for the termination was a disputed issue. She claims that the office manager informed her that the office receptionist was going to be “laid off’ and that Bell might be called upon to perform the receptionist’s job, as well as her own. Bell suggests that her response was to tell her employer that she was looking for another job, whereupon the employer fired her instead of the receptionist and told her to report to the unemployment office. The personnel manager, on the other hand, testified that she informed the claimant that other employees would be transferring to that office and that she was going to let the receptionist go. Bell responded that she did not think the receptionist could find another job and since she was already looking for other work, she asked to be laid off instead. The referee expressly resolved the factual conflicts in the evidence in favor of the employer “based on the candor and demeanor of witnesses.” Where the findings of fact of an appeals referee in an employment compensation case are supported by substantial competent evidence, this court is not in a position to overturn them. Given the facts found by the referee, we find no legal error and affirm.
AFFIRMED.
COBB and DIAMANTIS, JJ., concur.
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Corman v. Unemployment Appeals Commissions, 687 So. 2d 963 (Fla. 5th DCA 1997)…eree assesses the weight of conflicting evidence, Ritenour v. Unemployment Appeals Comm’n, 570 So. 2d 1106, 1107 (Fla. 5th DCA 1990), and may resolve conflicts “ ‘based on the candor and demeanor of witnesses,’ ” Bell v. Unemployment Appeals Comm’n, 645 So. 2d 152, 152 (Fla. 5th DCA 1994). The referee’s factual findings cannot be disturbed as long as they are supported by substantial competent evidence. Id. Here, the hearing officer’s finding that Corman was dissatisfied with the manner in which Homich super…
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Nona Grant Smith v. Unemployment Appeals Comm'n, 698 So. 2d 1344 (Fla. 5th DCA 1997)…such a resignation would terminate that party’s affiliation with Arcturus, Inc. Although Smith’s testimony was conflicting, the referee was entitled to, and did, resolve evidentiary disputes in the company’s favor. Bell v. Unemployment Appeals Com’n 645 So. 2d 152 (Fla. 5th DCA 1994). The evidence therefore supports the referee’s legal conclusion that Smith’s- termination was voluntary and without good cause attributable to Arcturus, Inc. AFFIRMED. DAUKSCH and COBB, JJ., concur.…
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Yiannopoulos v. Unemployment Appeals Comm'n, 892 So. 2d 1174 (Fla. 5th DCA 2005)…’s witness as more credible.” Where the findings of fact of an appeals referee in an employment compensation case are supported by substantial competent evidence, this court is not in a position to overturn them. Bell v. Unemployment Appeals Comm’n, 645 So. 2d 152 (Fla. 5th DCA1994). The referee was entitled to, and did, resolve eviden-tiary disputes in the company’s favor. [*1176] Smith v. Unemployment Appeals Comm’n, 698 So. 2d 1344 (Fla. 5th DCA 1997). Yiannopoulos cites Lewis v. Florida Unemployment Appe…