WALTER A. ROMAN, APPELLANT,
v.
A-1 SPECIALTY GASOLINES, INC. AND UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
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In this unemployment compensation case, the court affirmed the Unemployment Appeals Commission's determination that an employee voluntarily abandoned his employment when he failed to return to work after a truck breakdown. The court distinguished the case from Walker v. Wal-Mart Stores, Inc., finding that unlike Walker, the employee was not explicitly told he had been discharged.
The court held that the employee voluntarily abandoned his employment. Because the employee was not specifically informed by anyone that he had been discharged (only learning secondhand from his wife that the supervisor had taken the keys), the appeals referee had the authority to determine as a matter of fact that the claimant's failure to report to work or make any inquiry could reasonably be regarded as voluntary abandonment of employment.
[1] The determination of whether a claimant left employment voluntarily is a question of fact within the province of the appeals referee.
[2] A claimant's failure to report to work or make any inquiry may be reasonably regarded as voluntary abandonment of employment when the claimant was not specifically inform…
Previewing 2 of 3 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“When that communication occurred, we conclude the discharge was effective on the specified date.”
From Walker v. Wal-Mart Stores, Inc., explaining why explicit employer communication of termination creates an effective discharge
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Join FLexlaw to unlock all legal intelligenceWalter Roman and his wife both worked for A-1 Specialty Gasolines. After an extended weekend in north Florida, they were unable to return to their job…
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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. Apparently, employee and his wife were unable to return to their job site at West Palm Beach, Florida, after an extended weekend in north Florida because their truck broke down. When they did return to West Palm Beach, the wife went into the place of business and was told by the supervisor that she should turn in her keys. Neither claimant nor his wife spoke to the supervisor again. In Walker, the appeals referee made a specific finding that the employer told the claimant’s friend if the claimant did not show up for work the next day, he would be terminated. 649 So. 2d at 360. The referee also found that claimant did not in fact go to work the next day due to a continuing illness, and that claimant believed he had been terminated. The referee then concluded that claimant voluntarily quit his job, and the Unemployment Appeals Commission affirmed the decision.
This court reversed relying upon the employer’s communication to claimant’s friend concerning the impending termination: “When that communication occurred, we conclude the discharge was effective on the specified date.” Id.
Accordingly, the court held that claimant’s failure to return to work when his health improved could not reasonably be regarded as voluntary abandonment of employment under those circumstances.
In the present case, the referee made no specific finding that anyone told the claimant he had been discharged. The referee merely found that “the claimant was told by his wife that the supervisor had taken the keys to the business.” Because claimant in this ease was not specifically informed by anyone that he had been discharged, the appeals referee had the prerogative to determine as a matter of fact whether claimant’s failure to report to work or to make any inquiry whatsoever could reasonably be regarded as voluntary abandonment of employment. The determination of whether a claimant left employment voluntarily is essentially a question of fact within the province of the appeals referee. Campeanu v. Florida Unemploy. Appeals Comm’n, 629 So. 2d 1015, 1016 (Fla. 4th DCA 1993); Carey McAnally & Co. v. Woodring, 629 So. 2d 301, 302 (Fla. 2d DCA 1993); Verner v. State, Unemploy. Appeals Comm’n, 474 So. 2d 909, 911 (Fla. 2d DCA 1985); David Clark & Assocs., Inc. v. Kennedy, 390 So. 2d 149, 151 (Fla. 1st DCA 1980).
AFFIRMED.
ERVIN, KAHN and DAVIS, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- David Clark & Assocs., Inc. v. Lowell E. Kennedy, Jr., 390 So. 2d 149 (Fla. 1st DCA 1980)
- Verner v. State, 474 So. 2d 909 (Fla. 2d DCA 1985)
- Carey McANALLY & Co., Inc. v. Woodring, 629 So. 2d 301 (Fla. 2d DCA 1993)
- Dorel Campeanu v. Fla. Unemployment Appeals Comm'n & Jack Eckerd Corp., 629 So. 2d 1015 (Fla. 4th DCA 1993)
- Walker v. Wal-Mart Stores, Inc., 649 So. 2d 359 (Fla. 1st DCA 1995)