LATITE ROOFING & SHEET METAL CO., APPELLANT,
v.
UNEMPLOYMENT APPEALS COMMISSION AND JACQUES G. TELLUS, APPELLEES
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The Fourth District Court of Appeal reversed the Unemployment Appeals Commission's decision and reinstated the appeals referee's finding that the employee voluntarily quit without good cause attributable to the employer, holding that the referee's factual findings were supported by competent, substantial evidence.
An appeals referee's finding that an employee voluntarily quit employment without good cause attributable to the employer is supported by competent, substantial evidence and the UAC erred in substituting its own findings.
[1] Whether an employee left his job voluntarily and without good cause is a question of fact within the province of the unemployment appeals referee, and the UAC must determ…
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Join FLexlaw to unlock all legal intelligenceJacques Tellus, a former employee of Latite Roofing & Sheet Metal Company, sought unemployment compensation benefits. The appeals referee denied benef…
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PER CURIAM.
Appellant, Latite Roofing & Sheet Metal Company, appeals from the Unemployment Appeals Commission (UAC) order, which reversed the decision of the appeals referee denying unemployment compensation benefits to appellant’s former-employee, Jacques Tellus. We reverse and remand with directions to reinstate the decision of the appeals referee.
The UAC’s standard of review of the appeals referee’s decision is to determine whether the referee’s findings of fact are supported by competent, substantial evidence in the record. See Maynard v. Florida Unemployment Appeals Comm’n, 609 So. 2d 143, 145 (Fla. 4th DCA 1992). “Whether [an] employee left [his] job voluntarily and without good cause is a question of fact within the province of the unemployment appeals referee.” Grossman v. Jewish Community Center, 704 So. 2d 714, 716 (Fla. 4th DCA 1998).
After reviewing the record in the instant case, we conclude that the finding of the appeals referee that appellant voluntarily quit his employment without good cause attributable to his employer was supported by competent, substantial evidence, and that the UAC erred when it substituted its findings therefor. REVERSED AND REMANDED.
KLEIN and TAYLOR, JJ., and LABARGA, JOSE, Associate Judge, concur.
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Citator
Authorities Cited
- Maynard v. Fla. Unemployment Appeals Comm'n & Neighborhood Variety Stores, Inc., 609 So. 2d 143 (Fla. 4th DCA 1992)
- Dina J. Grossman v. Jewish Cmty. Ctr. OF Greater Fort Lauderdale Inc., 704 So. 2d 714 (Fla. 4th DCA 1998)