ROY L. DEMPSEY, APPELLANT,
v.
OLD DOMINION FREIGHT LINES AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
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Dempsey appealed the denial of unemployment compensation benefits after voluntarily leaving his job at Old Dominion Freight Lines due to persistent verbal abuse by his night supervisor. The Florida Unemployment Appeals Commission reversed a lower determination awarding benefits, but the District Court of Appeal reversed that reversal, holding that an employee may voluntarily leave employment for good cause where subjected to undue verbal abuse by an employer.
The court held that an employee may voluntarily depart employment for good cause attributable to the employer when subjected to undue verbal abuse, and such an employee is entitled to unemployment compensation benefits. Employers may correct or admonish employees reasonably, but employees are not required to accept undue verbal abuse as a condition of employment.
[1] An employee is not required to accept undue verbal abuse from an employer as a condition of employment.
[2] An employee who voluntarily departs from employment due to constant verbal abuse by a supervisor has good cause attributable to the employer for the departure.
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Join FLexlaw to unlock all legal intelligence“We believe that an average employee of reasonable sensibilities would feel degraded and humiliated at being the direct recipient of constant profanity at the hands of an employer.”
Establishes the legal standard for evaluating whether verbal abuse rises to the level of good cause for departure
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Join FLexlaw to unlock all legal intelligenceDempsey worked as a dock worker at Old Dominion Freight Lines and complained to the operations manager about constant verbal abuse from his night supe…
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GREEN, Judge.
Roy L. Dempsey (“Dempsey”) appeals the denial of unemployment compensation benefits by the Florida Unemployment Appeals Commission as the result of his voluntary departure from his place of employment at Old Dominion Freight Lines, Inc. (“Old Dominion”). We reverse.
The relevant facts are basically undisputed by the parties. Dempsey had been employed as a dock worker at Old Dominion. Dempsey complained to the operations manager at Old Dominion that he [Dempsey] had been the constant recipient of verbal abuse by one of the night supervisors for whom Dempsey worked. Specifically, the night supervisor repeatedly referred to Dempsey as a “dumb a — ,”; “dumb son of a b — ” and other such offensive phrases.
After his complaint, Dempsey was apparently reassigned to a different location for approximately thirty days. Acting upon complaints from the other workers that Dempsey was receiving preferential treatment in not working the night shift, the operations manager decided to reinstate Dempsey to the night shift. When Dempsey told the operations manager that he would not work for the night supervisor who called him names, Dempsey was basically told that he had to either work with this supervisor or “clock out.” Dempsey did in fact leave for the evening. When Dempsey reported for work the next day, he was told that he had in effect quit his job when he left the prior day.
The Florida Department of Labor and Employment Security Division of Unemployment Compensation determined that Dempsey was entitled to receive his unemployment compensation benefits. It found that the verbal abuse constituted good cause attributable to Old Dominion for Dempsey’s voluntary departure. Old Dominion appealed this determination to a referee who likewise agreed that good cause attributable to the employer had been demonstrated.
Old Dominion then appealed to the Unemployment Appeals Commission (“UAC”) which reversed the prior decision. This appeal is the result of that reversal.
At issue is whether Dempsey voluntarily left his place of employment for good cause attributable to his employer. We find that he did and the UAC erred in denying him unemployment compensation benefits. With this finding, we join the ranks of our sister courts and hold that although employers have every right to correct or admonish their employees in a reasonable manner when dissatisfied, employees are not required to accept undue verbal abuse from employers. Gollet Enter. East, Inc. v. Florida Unemployment Appeals Comm’n, 630 So. 2d 1166 (Fla. 4th DCA 1993); accord Buckeye Cellulose Corp. v. Williams, 522 So. 2d 39 (Fla. 1st DCA 1988).
We believe that an average employee of reasonable sensibilities would feel degraded and humiliated at being the direct recipient of constant profanity at the hands of an employer. We are dismayed that the employer’s response to the situation in this case was to basically tell the employee to either accept the abuse or leave. We do not believe that any employee should have to endure .verbal abuse as a condition of employment. Nor do we believe that such an employee should have to forfeit unemployment compensation benefits when he or she decides to sever ties with the employer for that reason.
Reversed and remanded.
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Annamaria Eulo v. Fla. Unemployment Appeal Comm'n & Entel Wolstein Weiss P'ship, 724 So. 2d 636 (Fla. 2d DCA 1999)…n v. Jewish Community Center, 704 So. 2d 714 (Fla. 4th DCA 1998)(verbally abusive supervisors created intolerable work environment). Enduring verbal abuse thus constitutes good cause for leaving employment. See Dempsey v. Old Dominion Freight Lines, 645 So. 2d 538 (Fla. 3d DCA 1994). Since Eulo was subjected to the verbal abusiveness of her supervisor for an extended period of time and the employer failed to correct the problem, the appeals referee properly determined that Eulo voluntarily left her employment…
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Laubette Yaeger v. Fla. Unemployment Appeals Comm'n & Aircraft Armature, Inc., 786 So. 2d 48 (Fla. 3d DCA 2001)….g., Fowler v. Unemployment Appeals Commission, 670 So. 2d 1202 (Fla. 4th DCA 1996) (good cause found where an employer engages in a continuing pattern of sexual harassment, retaliation, and in discrimination); Dempsey v. Old Dominion Freight Lines, 645 So. 2d 538 (Fla. 3d DCA 1994) (undue verbal abuse, including constant profanity by supervisor constitutes good cause attributable to employer); Gollet Enters. E., Inc. v. Fla. Unemployment Appeals Comm’n, 630 So. 2d 1166 (Fla. 4th DCA 1993) (holding verbal abu…
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Miot v. Dade Cnty. Sch. Bd. & Fla. Unemployment Appeals Comm'n, 741 So. 2d 641 (Fla. 3d DCA 1999)…the Unemployment Appeals Commission denying claimant Marie Miot unemployment compensation benefits. As this court has held in the past, “employees are not required to accept undue verbal abuse from employers.” Dempsey v. Old Dominion Freight Lines, 645 So. 2d 538, 539 (Fla. 3d DCA 1994); see Gollet Enter. East, Inc. v. Florida Unemployment Appeals Comm’n, 630 So. 2d 1166 (Fla. 4th DCA 1993). Thus, the record does not support the determination that Miot “voluntarily left [her] employment without good cause at…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gollet Enters. E., Inc. v. Fla. Unemployment Appeals Comm'n, 630 So. 2d 1166 (Fla. 4th DCA 1993)
- Buckeye Cellulose Corp. v. Robert T. Williams & the Fla. Unemployment Appeals Comm'n, 522 So. 2d 39 (Fla. 1st DCA 1988)