VICTORIA M. SAENZ, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION AND ELECTRIC FUELS CORPORATION, APPELLEES
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Victoria Saenz appeals an unemployment benefits decision after voluntarily leaving her job due to physical threats and assault by her supervisor's girlfriend. The court reverses the Florida Unemployment Appeals Commission's reversal of the referee's award of benefits, holding that the referee's findings were supported by substantial, competent evidence.
The claimant was entitled to unemployment benefits because she left her employment for good cause attributable to the employer. The UAC erred in reversing the referee's decision because the referee's findings of fact were supported by substantial, competent evidence and were within the referee's province as the trier of fact.
[1] An employee is entitled to unemployment benefits when voluntarily leaving employment for good cause attributable to the employer, including a failure to provide a safe wo…
[2] An unemployment appeals commission may not modify or reverse a referee's findings of fact if those findings are based on substantial, competent evidence.
Previewing 2 of 5 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 UAC may only modify or reverse the findings and conclusions of a referee where the referee's findings and conclusions are not based on substantial, competent evidence.”
Establishes the legal standard for appellate review of unemployment benefits decisions and the limited power of the UAC to overturn a referee's findings.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSaenz was an excellent office manager at Progress Environmental Laboratories. Her supervisor Michael Sara allowed his girlfriend Judy Bex to visit the…
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QUINCE, Judge.
Victoria M. Saenz appeals an order of the Florida Unemployment Appeals Commission (UAC) reversing the referee’s decision that she was entitled to benefits because she voluntarily left her employment for good cause attributable to the employer. We reverse.
The claimant was an office manager of Progress Environmental Laboratories, a wholly owned subsidiary of Electric Fuels Corporation. She was an excellent employee prior to her departure. Her direct supervisor, Michael G. Sara, permitted his girlfriend, Judy Bex, to visit the office without restriction. Bex was not an employee of the office. Bex visited the office almost daily.
Bex began verbally attacking the claimant soon after she began employment. The attacks were in the form of threats of violence if the claimant did not stay away from Sara. The claimant brought these threats to the attention of Sara and Sara’s supervisor soon after they occurred. Both Sara and his supervisor took no action to stop Bex’s antagonistic behavior. One evening while the claimant was working late, Bex entered the office and began screaming at the claimant to stay away from Sara. Bex then proceeded to place both her hands around the claimant’s neck and lift her off the ground, dragging her about fifteen feet. One of the claimant’s co-workers pulled Bex off the claimant. While the claimant ran to another building, Bex gave chase. Bex continued to pursue the claimant until Sara physically escorted her off the property.
The claimant lost four weeks of work due to her injuries. Her injuries included loss of use of her left arm, neck and back pain. After her physician authorized her to return to work, the claimant requested a lateral transfer for either herself or Sara because she felt so long as she and Sara worked together, her safety would be jeopardized. The lateral transfer was denied. The claimant was also denied a position in another office.
Even though her employer offered various security precautions to convince the claimant to return to work, the claimant did not feel that the precautions would ensure her safety. The claimant felt that her safety was at risk both at work and at home, since Bex attempted to contact her at home after the incident. The claimant voluntarily left her employment due to a continuing fear for her personal safety.
The appeals referee found that the employer failed in its responsibility to provide the claimant with a working environment free of reasonably foreseeable physical harm and undue risk to her personal safety. The referee found that the claimant made reasonable attempts to preserve her employment by requesting continued employment at a different location. The referee also found that the claimant acted reasonably and prudently in terminating her employment when a position could not be secured at another location. The referee concluded the claimant was entitled to benefits since she left her employment for good cause.
The UAC reversed the referee’s decision, holding the referee made an incorrect conclusion of law. In addition, the UAC made modifications to the findings of fact which were in conflict with facts found by the referee. The UAC mistakenly found that the claimant did not contact an upper-level supervisor regarding her concerns with Bex. The referee’s findings of fact specifically state the contrary and are supported by the record. These findings and others made by the referee were based on credibility determinations. Such determinations are within the province of the referee as the trier of fact.
The UAC may only modify or reverse the findings and conclusions of a referee where the referee’s findings and conclusions are not based on substantial, competent evidence. Jones v. Creative World School, Inc., 603 So. 2d 118 (Fla. 2d DCA 1992); Verner v. UAC, 474 So. 2d 909 (Fla. 2d DCA 1985). There was substantial, competent evidence to support the findings of fact and the conclusion that the claimant left her employment for good cause attributable to her employer. Therefore, it was error for the UAC to reverse the decision of the referee.
Accordingly, we reverse the order of the UAC and reinstate the decision of the referee.
CAMPBELL, A.C.J., and ALTENBERND, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hall v. Fla. Unemployment Appeals Comm'n & Laro, 697 So. 2d 541 (Fla. 1st DCA 1997)…ument is not applicable in that the cases all involve situations in which the employer had some degree of control over the circumstances that constrained the employee to leave the employment. For example, in Saenz v. Unemployment Appeals Commission, 647 So. 2d 283 (Fla. 2d DCA 1994), the claimant was attacked verbally and physically at work by her supervisor’s jealous girlfriend, who was not a co-employee, but who was allowed on the work site. The claimant’s request for a lateral transfer for herself or her s…
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Lawnco Servs., Inc. v. Unemployment Appeals Comm'n & Shannon B. Bowman, 946 So. 2d 586 (Fla. 4th DCA 2006)…Unemployment Appeals Comm’n, 906 So. 2d 1204, 1205 (Fla. 4th DCA 2005) (per cu-riam) (quoting Campeanu v. Fla. Unemployment Appeals Comm’n, 629 So. 2d 1015, 1016 (Fla. 4th DCA 1993) (per cu-riam)); see also Saenz v. Fla. Unemployment Appeals Comm’n, 647 So. 2d 283, 285 (Fla. 2nd DCA 1994) (“[T]he UAC may only modify or reverse the findings or conclusions of a referee where the referee’s findings and conclusions are not based on substantial, competent evidence.”); Tourte v. Oriole of Naples, 696 So. 2d 1283, 1…
Authorities Cited
- Verner v. State, 474 So. 2d 909 (Fla. 2d DCA 1985)
- Port Everglades Auth. v. Honorable Robert Lance Andrews, 603 So. 2d 118 (Fla. 4th DCA 1992)
- Jones v. Creative World Sch., Inc., 603 So. 2d 118 (Fla. 2d DCA 1992)