EDDIE C. WALKER, APPELLANT,
v.
WAL-MART STORES, INC., AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES

Fla. 1st DCA | 1995-02-09
No. 94-1396
ZEHMER, C.J., and DAVIS, J., concur.
649 So. 2d 359 Florida District Court of Appeal, First District (1995) Caution
Cited by 2 cases

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Synopsis

Walker appealed the denial of unemployment benefits after Wal-Mart terminated him for failure to report to work following an illness. The court reversed, holding that although Walker did not directly contact his employer, the employer effectively communicated termination through Walker's friend, making the discharge effective before Walker failed to return to work.


Holding

The court held that the employer effectively communicated Walker's discharge when it told Walker's friend that Walker was terminated if he did not call or report by the specified date. Since the discharge was effective on September 8, Walker's failure to report on September 9 (the first day he was able to return) could not constitute voluntary abandonment of employment.


Headnotes

[1] A discharge is not effective until it is communicated to an employee by someone with the authority to dispense such information.

[2] An employer may authorize a third party to communicate a termination to an employee.

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Key Quotes

“A discharge is not effective until it is communicated to an employee by someone with the authority to dispense such information.”

The court accepted this principle but distinguished it from the issue of who has authority to communicate information about discharge.

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Facts & Procedural History

Walker worked at Wal-Mart and had been told to improve his attendance and call in himself when absent. On September 5, 1993, Walker became ill and had…

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Opinion of the Court
WENTWORTH, Senior Judge.

WENTWORTH, Senior Judge.

This is an appeal from an order of the Florida Unemployment Appeals Commission denying unemployment benefits on the ground that appellant Eddie C. Walker voluntarily left employment with appellee Wal-Mart Stores, Inc., without good cause attributable to employer, pursuant to Section 443.101(l)(a), Florida Statutes. We accept the findings of fact in the order before us, see Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1980), but reverse the conclusion of law that “claimant voluntarily quit his job when he failed to report back to work after an illness” on September 9, 1993.

The material facts found by the order are as follows:

The claimant was told that his attendance had to improve and he must call in himself when he was off from work.... The claimant became sick on September 5, 1993. The claimant had no phone. The closest phone was three miles away at a convenience store. The claimant had a friend, but the claimant did not ask his friend to call his place of employment on September 6, 1993. The claimant asked her to call on September 7, 1993, and his friend did so. The employer told the claimant’s friend that if the claimant did not come or call by the next night, he was terminated.... The claimant’s friend told the claimant if he did not show up for work the next day, that he was terminated. The claimant was still sick the next day, and did not go to work. The claimant believed that he had been terminated. The claimant was well enough to return to work on September 9, 1993, but he did not do so. (Emphasis supplied.)

Based on those facts, conclusions of law were stated as follows:

A discharge is not effective until it is communicated to an employee by someone with the authority to dispense such information. While the claimant may have been told by his friend that the employer was going to discharge him, the claimant made no effort to contact the employer to verify that information. The claimant’s friend had no authority to discharge the claimant. Therefore, it can only be concluded that the claimant voluntarily quit his job when he failed to report back to work after an illness. (Emphasis supplied.)

We do not question the statement with respect to necessity for communication of a discharge by “someone with the authority to dispense such information.” However, it does not follow that the friend’s lack of “authority to discharge” constituted a lack of authority to communicate or “dispense” such information. The order finds explicitly that employer told the friend that Walker “was terminated” if he did not call on September 8, clearly contemplating that the friend was authorized to communicate that fact. When that communication occurred, we conclude the discharge was effective on the specified date. Appellant’s failure to report for work on the following day, September 9, the first day on which he was able to do so, as found by the order, could not reasonably be regarded as voluntary abandonment of employment under these circumstances.

We therefore reverse and remand with directions that the claim be granted.

ZEHMER, C.J., and DAVIS, J., concur.


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Citator

Cited By

  • Roman v. A-1 Specialty Gasolines, Inc., 682 So. 2d 1241 (Fla. 1st DCA 1996)
    …PER CURIAM. In this unemployment compensation ease, appellant relies upon Walker v. Wal-Mart Stores, Inc., 649 So. 2d 359 (Fla. 1st DCA 1995), in arguing for reversal of the final order of the Unemployment Appeals Commission. Walker, however, is distinguishable from the present case. In this case, the employee and his wife worked together for A-l Specialty Gasolines. A…

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