JAMES E. PUGH, APPELLANT,
v.
REGAL DEVELOPMENT CORPORATION AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
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The court held that the Unemployment Appeals Commission's order denying benefits was not supported by competent, substantial evidence.
[1] An employee who leaves employment due to a discrepancy between the offered wage and the actual wage paid, and a misrepresentation of the expected duration of employment,…
[2] An employee's decision to leave a temporary position offering fewer hours and lower pay than represented, in favor of a position within their trade specialty that offers…
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Join FLexlaw to unlock all legal intelligenceAppellant left his job with Regal Development Corporation after discovering the pay and hours were misrepresented and accepting a better-paying, more …
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PER CURIAM.
Appellant challenges the Unemployment Appeals Commission’s order denying him un employment benefits. He was denied benefits on the ground that he voluntarily left his previous employ without good cause attributable to the employer. We reverse.
Appellant was drawing Florida unemployment compensation benefits when he moved to Ohio. Upon referral by the Ohio Bureau of Employment Services, appellant began working with Regal Development Corporation on October 3, 1994. Appellant was informed that the job paid $8.50 per hour for ten hours per day, that he would work seven days per week, and that the job would last for three or four weeks. In reality, appellant worked 40 hours the first week and fewer hours the second week. Additionally, he was only paid $7.50 per hour. A discussion with his supervisor regarding the pay rate and number of hours worked brought about no change. Accordingly, appellant accepted a job with Progressive Welding which was within his trade specialty as a boilermaker and paid $14 per hour. He was laid-off due to lack of work on November 11, 1994.
Appellant’s claim for additional Florida unemployment compensation benefits was denied based on a determination that he voluntarily quit his employment with Regal Development in order to accept work elsewhere and his reason for leaving was not attributable to the employer. See § 443.101(l)(a), Fla.Stat. (Supp.1994). We conclude that the order is not supported by competent, substantial evidence. Given the temporary nature of the job with Regal Development, an average, able-bodied employee would have left that position in favor of another which paid a greater hourly wage and offered the prospect of longer-term employment. See Freshley v. Florida Unemployment Appeals Comm., 651 So. 2d 215 (Fla. 2d DCA 1995).
Accordingly, the order on appeal is REVERSED. We REMAND with directions that appellant’s unemployment compensation benefits be reinstated.
ZEHMER, C.J., and BARFIELD and KAHN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Duby v. Unemployment Appeals Comm'n & Staffmark Human Res., 765 So. 2d 72 (Fla. 4th DCA 2000)…la. 4th DCA 1995). In addition, the claimant’s good reason for voluntarily quitting the job must be attributable to the employer. See Amato, 648 So. 2d at 285. Duby cites two cases that she believes are on point. In Pugh v. Regal Development Corp., 662 So. 2d 1355 (Fla. 1st DCA 1995), the claimant was drawing unemployment benefits when he moved out of state. After moving to Ohio, the claimant was offered a temporary position with certain terms. When the terms of the temporary employment changed, reducing the…
Authorities Cited
- Freshley v. Fla. Unemployment Appeals Comm'n & Romac Prof'l Temporaries, 651 So. 2d 215 (Fla. 2d DCA 1995)