C. BELLE MORROW, APPELLANT,
v.
ALERT NON-EMERGENCY TRANSPORT AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES

Fla. 2d DCA | 1999-01-15
No. 98-00006
Campbell, A.C.J., Fulmer, J., Salcines, J.
725 So. 2d 418 Florida District Court of Appeal, Second District (1999) Positive Treatment
Cited by 4 cases

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Synopsis

Morrow's appeal of unemployment benefits denial was affirmed because she left employment for personal reasons without good cause attributable to her employer, even though her brother's illness initially justified her absence.


Holding

An employee who leaves work due to a family member's illness without good cause attributable to the employer is ineligible for unemployment benefits.


Headnotes

[1] An employee who leaves employment due to a family member's illness without good cause attributable to the employer is ineligible for unemployment benefits even if the ill…

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Facts & Procedural History

Morrow left her employment after her brother became gravely ill, despite her employer's refusal to approve her absence. She discovered her brother's c…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

C. Belle Morrow appeals the denial of her claim for unemployment benefits. The appeals referee found that Morrow left her employment for good personal reasons but without good cause attributable to the employer. The referee explained that although Morrow’s brother’s grave illness may have justified her initial decision to leave on the weekend to check on him despite her employer’s refusal to approve her absence, she should have returned to work on Monday after she discovered that her brother’s condition had stabilized. This finding of fact was adopted by the Unemployment Appeals Commission. The commission’s order is entitled to a presumption of correctness. We find no legal errors and Morrow failed to show that the finding of ineligibility was not supported by competent, substantial evidence in the record. Therefore, because Morrow left her job without good cause attributable to her employer, she is not eligible for unemployment benefits. See, e.g., Hartenstein v. Florida Dep’t of Labor and Employment Sec., 383 So. 2d 759 (Fla. 2d DCA 1980); Garcia v. AT & T Communications, Inc., 575 So. 2d 730 (Fla. 3d DCA 1991); Howlett v. South Broward Hosp. Tax Dist., 451 So. 2d 976 (Fla. 4th DCA 1984).

Affirmed.

CAMPBELL, A.C.J., and FULMER and SALCINES, JJ., Concur.


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Citator

Cited By

  • …mant, Claimant was not disqualified from receiving unemployment benefits. The UAC affirmed the appeals referee’s decision. On appellate review, the UAC’s decision is entitled to a presumption of correctness. Morrow v. Alert Non-Emergency Transport, 725 So. 2d 418, 419 (Fla. 2d DCA 1999). This court reviews the UAC’s [*826] decision to determine whether it is clearly erroneous and whether it is supported by competent, substantial evidence. Smith v. Unemployment Appeals Comm’n, 698 So. 2d 1344, 1345 (Fla. 5th…
  • Nisbet v. Publix Super Mkts., Inc., 769 So. 2d 1120 (Fla. 2d DCA 2000)
    …8 So. 2d 358, 359 (Fla. 2d DCA 1998). We find no legal error, and Nisbet failed to show that the finding of disqualification for unemployment benefits was not supported by competent, substantial evidence. See Morrow v. Alert Non-Emergency Transport, 725 So. 2d 418, 419 (Fla. 2d DCA 1999). Therefore, we affirm the determination that Nisbet is not eligible for unemployment benefits. AFFIRMED. PATTERSON, C.J., and WHATLEY, J., Concur.…

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