ILEANA ALMAZAN, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEE

Fla. 3d DCA | 1998-08-12
No. 98-153
Before SCHWARTZ, C.J., and NESBITT and COPE, JJ.
714 So. 2d 1221 Florida District Court of Appeal, Third District (1998) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Ileana Almazan appealed a determination that she was ineligible for benefits under Florida's Training Investment Program (TIP). The court reversed, holding that Almazan qualified as a dislocated worker because her receptionist skills had become obsolete in the job market, which made her eligible for retraining benefits.


Holding

Almazan qualified as a dislocated worker and is entitled to TIP benefits. The determination of dislocated worker status depends on whether there is market demand for the claimant's present skills, not merely on the former job title. Because Almazan's existing receptionist skills had become obsolete due to lack of computer literacy and limited office skills now required for such positions, she qualified for retraining.


Headnotes

[1] A claimant is a "dislocated worker" under the Florida Training Investment Program if their skills have become obsolete or so limited that the market demand for such skill…

[2] A determination of ineligibility for Florida Training Investment Program benefits must be supported by competent substantial evidence.

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Key Quotes

“The inquiry under the statute does not depend solely on the former employee's previous job title. The question is whether there is a market demand for someone with the claimant's present skills.”

Establishes the correct legal standard for determining dislocated worker status—focus on current skill marketability rather than former job title

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Facts & Procedural History

Almazan was laid off from her position as a receptionist at Mishy Sportswear in 1997. She was referred to the Training and Employment Council, which p…

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Opinion of the Court
COPE, Judge.

COPE, Judge.

Ileana Almazan appeals the determination that she is ineligible for benefits under the Florida Training Investment Program (“TIP”) set forth in section 443.231, Florida Statutes (1997). We reverse.

Almazan "was employed as a receptionist at Mishy Sportswear, Inc. In that position, Al-mazan opened the mail, operated the telephone switchboard, greeted customers, and made copies. When she was laid off-in 1997, Almazan sought unemployment benefits.

In' connection with her application for un-émployment benefits, Almazan was referred to the Training and Employment Council of South Florida to obtain information "about the possibility of training opportunities. The Council provided Almazan a list of career opportunities which are in high demand. The list included the position of legal secretary. In reliance on the referral to the Council and the list of career opportunities, Almazan enrolled in the legal secretary training program at Miami Dade Community College and sought application of her TIP benefits to that training.

After she had begun her training, Almazan was advised that she was ineligible for TIP benefits because legal secretaries were not in sufficiently high demand and because she was otherwise qualified to be a receptionist, a position which is in high demand. Almazan appealed that determination.

After a hearing, the appeals referee entered an order which found Almazan ineligible for TIP benefits because she was not a “dislocated worker” as required by the TIP program. See § 443.231(2)(d), Fla. Stat. The referee reached that conclusion by finding that Almazan had marketable skills as a receptionist, but that conclusion is not supported by competent substantial evidence presented at the hearing.- At the hearing, Almazan testified that she had sought, but had been unable to obtain, further work as a receptionist because she did not know how to operate a computer and had few; office skills. She stated that such skills are now required for.receptionist positions, and that she was unable to obtain another job, despite considerable effort. The witness presented by the TIP program did not refute that evidence. Rather, the witness only testified that in South Florida receptionists are in higher demand than legal secretaries, but that there is an expanding demand for both.

The inquiry under the statute does not depend solely on the former employee’s previous job title. The question is whether there is a market demand for someone with the claimant’s present skills. See id. § 443.231 - (introduction), (1), (2)(b)2, (2)(d), 4(h). The aim is the retraining of workers whose skills have become obsolete, see id. § 443.231(1), or so limited that the market demand for such skills is minimal. See id. § 443.231(2)(b)2, (4)(h). Here, the claimant testified that she was no longer employable at her previous occupation with her existing skills, and that even if a position would be secured after further training, it would be for lower pay. The agency witness did not contradict this testimony. There being no contrary evidence, the claimant showed that she qualified as a dislocated worker and is entitled to benefits.

Reversed.


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Citator

Cited By

  • Ordonez v. Fla. Unemployment Appeals Comm'n, 738 So. 2d 487 (Fla. 3d DCA 1999)
    …PER CURIAM. Because this case is factually indistinguishable from Almazan v. Florida Unemployment Appeals Commission, 714 So. 2d 1221 (Fla. 3d DCA 1998), we reverse the order below denying benefits under section 443.231, Florida Statutes (1997), to the claimant. Reversed and remanded for further proceedings consistent with this opinion.…
  • Garcia v. Fla. Unemployment Appeals Comm'n, 717 So. 2d 624 (Fla. 3d DCA 1998)
    …PER CURIAM. This case is factually and procedurally indistinguishable from Almazan v. Florida Unemployment Appeals Com’n, 714 So. 2d 1221 (Fla. 3d DCA 1998). On its authority, the order below denying benefits under section 443.231(5)(a),(b), Florida Statutes (1997) is reversed and the cause remanded with directions to grant the appellant the benefits claimed for the period from Septem…

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