FRANK J. TASSONE, JR., P.A., APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION AND BONNIE A. HOULDSON, APPELLEES

Fla. 1st DCA | 1995-11-14
No. 95-638
KAHN and DAVIS, JJ., concur.
662 So. 2d 1003 Florida District Court of Appeal, First District (1995) Positive Treatment
Cited by 8 cases

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Holding

The court held that competent evidence, beyond hearsay, supported the referee's finding that the claimant voluntarily left work without good cause attributable to the employer.


Headnotes

[1] Hearsay evidence is admissible only for the purpose of explaining or supplementing other evidence and is not sufficient, standing alone, to prove a material fact in unemp…

[2] Direct testimony from a witness regarding statements made by a claimant, coupled with the claimant's actions, can constitute competent and substantial evidence to support…

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Facts & Procedural History

A claimant, employed as a legal secretary, became pregnant and had frequent absences, leading to reduced hours. She eventually left work, stating she …

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Opinion of the Court
SMITH, Senior Judge.

SMITH, Senior Judge.

This is an appeal by appellant/employer, Frank J. Tassone, Jr. P.A., of an order of the Unemployment Appeals Commission (UAC) dated January 25, 1995. The UAC rejected the findings and conclusions of the referee on the ground that the referee relied on legally insufficient hearsay evidence and thus, there was no competent and substantial evidence to support a finding that the claimant, Mrs. Houldson, voluntarily left work without good cause attributable to the employer. Because we find that the record contains competent evidence supporting the referee’s decision, we are compelled to reverse.

According to testimony received by the referee, Mrs. Houldson, the claimant, was employed as a legal secretary with the law firm of Tassone & Eler from March 1993 until January 1994. During her period of employment, the claimant became pregnant and consistently missed one to two days of work a week. In December 1993, the claimant was reduced to part-time status due to her frequent absences. The claimant continued to miss work. During the week of January 11, 1994, the claimant missed work and did not report to her employer regarding her absences until the end of the week. The claimant contacted Mr. Tassone by telephone on the night of January 13 or 14 regarding her absences. On January 17, 1994, the claimant came to work at 1:00 p.m. with her husband to pick up her paycheck. At this time, Mr. Eler spoke with the claimant regarding needing someone full-time. Mr. Eler testified that the claimant advised him that they “deserved somebody better that could work full-time, that they should look for somebody else.” Mr. Eler informed the claimant that she would be more than welcome to come back after the baby was born. However, the claimant stated that she could not inform Mr. Eler when she would be able to return to work. The claimant then picked up her paycheck and left the office. Mr. Tassone’s testimony corroborated Mr. Eler’s account of what occurred on that occasion.

Subsequent to January 17, 1994, the claimant came to the office and requested that an insurance form be filled out by the employer. The form required that the claimant’s status be “not fired.” The employer complied with the claimant’s request.

The appeals referee resolved all conflicts in testimony in favor of the employer and found competent and substantial evidence to support the conclusion that the claimant voluntarily left work without good cause attributable to the employer, thus denying the claimant unemployment benefits. The UAC, on review, reversed the appeals referee, holding that the referee had improperly relied on hearsay evidence in finding that the claimant had voluntarily quit without good cause. The UAC concluded that the testimony of Mr. Tassone concerning the January 17, 1994 conversation between Mr. Eler and the claimant was hearsay, and thus, not competent and substantial evidence.

As recognized by the UAC, competent, substantial evidence supporting a denial of benefits cannot be based exclusively on hearsay evidence. Doyle v. Unemployment Appeals Commission, 635 So. 2d 1028 (Fla. 2nd DCA 1994). Such evidence is admissible only for the purpose of explaining or supple- meriting other evidence and is not sufficient, standing alone, to prove a material fact. In this case, however, there is competent and substantial evidence in the record, without Mr. Tassone’s hearsay testimony, to support the referee’s finding that the claimant voluntarily left work without good cause attributable to the employer. Mr. Eler testified directly that the claimant told him she could not inform him of when she would be able to return to work, and also stated to him that they deserved somebody who could work lull-time. This testimony, coupled with the claimant’s actions of picking up her paycheck and leaving the office, is competent, substantial evidence tending to prove that the claimant voluntarily quit. Further, another secretary, Mrs. Noble, testified that the claimant requested that an insurance form be filled out stating that the claimant was not fired from her job and that the firm complied with her request. Viewed as a whole, the testimony presented by the employer provides substantial competent evidence to support the finding that the claimant voluntarily quit work without good cause attributable to the employer. The order appealed from is REVERSED and the cause is REMANDED to the Unemployment Appeals Commission with instructions to reinstate the referee’s decision.

KAHN and DAVIS, JJ., concur.


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Citator

Cited By

  • Strickland v. Fla. A & M Univ., 799 So. 2d 276 (Fla. 1st DCA 2001)
    …agency may not substitute its findings simply because it would have resolved factual questions differently). In addition, Appellee erred by incorrectly relying on hearsay evidence to support its findings. See Tassone v. Unemployment Appeals Comm’n, 662 So. 2d 1003 (Fla. 1st DCA 1995)(substantial evidence supporting denial of unemployment compensation benefits cannot be based exclusively on hearsay evidence). We also agree with the Administrative Law Judge that even if Norton’s hearsay statements were- admissi…
  • …port a denial of benefits “unless it would be admissible over objection in a [*381] civil proceeding,”1 it is admissible “for the purpose of explaining or supplementing other evidence ... to prove a material fact.” Tassone v. Unemp’t Appeals Commn., 662 So. 2d 1003, 1004-05 (Fla. 1st DCA 1995). The UAC’s decision is entitled to a presumption of correctness. Tallahassee Primary Care Assoc. v. Fla. Unemp’t Appeals Comm’n, 930 So. 2d 824, 825 (Fla. 1st DCA 2006). However, “[t]he UAC cannot reweigh the evidence an…
  • …d that in unemployment compensation appeals, hearsay is admissible only for the purpose of explaining or supplementing other evidence, and that, standing alone, it is insufficient to prove a material fact. See Tassone v. Unemployment Appeals Comm’n, 662 So. 2d 1003 (Fla. 1st DCA 1995); Yost v. Unemployment Appeals Comm’n, 848 So. 2d 1235 (Fla. 2d DCA 2003). However, in this case, the claimant’s own testimony provided competent, substantial evidence that she provided Syncrolift with different social security nu…

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