WALTER P. RYALS, APPELLANT,
v.
STATE OF FLORIDA, UNEMPLOYMENT APPEALS COMMISSION AND SUGARLAND HARVESTING COMPANY, APPELLEES
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Florida appellate court affirmed denial of unemployment benefits where claimant voluntarily left employment to pursue other work, which does not constitute good cause attributable to the employer under Fla. Stat. § 443.101(l)(a).
A claimant who voluntarily leaves employment to accept other employment has not left for good cause attributable to the employer and is disqualified from unemployment benefits.
[1] A claimant who leaves employment voluntarily to accept other employment has not left for good cause attributable to the employer within the meaning of Fla. …
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Join FLexlaw to unlock all legal intelligenceWalter Ryals left his employment and applied for unemployment compensation benefits. The Unemployment Appeals Commission found that Ryals left primari…
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PER CURIAM.
Walter P. Ryals appeals the Unemployment Appeals Commission’s (UAC) order denying his unemployment compensation benefits. We affirm. Under section 443.101(l)(a), Florida Statutes (1997), claimants are disqualified from receiving unemployment compensation benefits when they leave employment voluntarily, without good cause attributable to the employer. The question of whether a claimant left employment voluntarily and for good cause is a question of fact. See Carey McAnally & Co., Inc. v. Woodring, 629 So. 2d 301, 302 (Fla. 2d DCA 1993). The referee’s findings of fact will stand if they are based on substantial, competent evidence. See id. In this case, the UAC found that Ryals left his employment primarily because he had procured employment elsewhere. The UAC then concluded that Ryals’ reason for leaving was not attributable to his employer. Ryals did not challenge the sufficiency of the evidence for the UAC’s finding; instead, he suggested that the “actual facts” prove that he resigned because of poor working conditions. However, where a claimant does not challenge the sufficiency of the findings, but only offers a different version of the facts, there is no legal error. See Kelle v. D.H. Holmes Co., Ltd., 658 So. 2d 1161, 1162 (Fla. 2d DCA 1995).
Affirmed.
PARKER, C.J., and CAMPBELL and QUINCE, JJ., concur.
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Am. M. Novas v. Fla. Unemployment Appeals Comm'n & St. Kevin Sch., 735 So. 2d 563 (Fla. 3d DCA 1999)…average able-bodied worker to give up his or her employment.”. The findings of fact set forth by the referee, which we must accept since they are supported by competent, substantial evidence in the record, see Ryals v. Unemployment Appeals Comm’n, 722 So. 2d 845, 846 (Fla. 2d DCA 1998); Walz v. Reggie’s Seafood and BBQ House, Inc., 718 So. 2d 861, 862 (Fla. 1st DCA 1998), are as follows: The claimant was employed by the employer for approximately 18 years as a school principal. In March of 1997, the claima…
Authorities Cited
- T.H. v. State, 658 So. 2d 1161 (Fla. 2d DCA 1995)
- Carey McANALLY & Co., Inc. v. Woodring, 629 So. 2d 301 (Fla. 2d DCA 1993)