GALE L. BROWN, APPELLANT,
v.
UNEMPLOYMENT APPEALS COMMISSION, APPELLEE
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Gale Brown appeals from an Unemployment Appeals Commission decision denying her unemployment benefits after she voluntarily left her job. The court affirms, holding that Brown left employment without good cause because workplace tension and discourteous behavior from a coworker would not cause an average person to abandon gainful employment.
The court affirms the Commission's decision, holding that both the finding that Brown left employment voluntarily and the finding that she lacked good cause are supported by substantial competent evidence in the record.
[1] An employee is disqualified from receiving unemployment benefits if they voluntarily leave their employment without good cause.
[2] The determination of whether an employee left employment voluntarily and without good cause are questions of fact.
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Join FLexlaw to unlock all legal intelligence“The determination of whether an employee left employment voluntarily and whether the leaving was without good cause are questions of fact. The issue on appeal is whether the referee's findings of fact are supported by substantial competent evidence.”
Establishes the standard of review and the nature of the legal issues in unemployment benefit appeals.
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Join FLexlaw to unlock all legal intelligenceBrown told her supervisor she was leaving and 'may not' be back, then walked off the job during work hours, taking personal items with her and never c…
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Brown appeals from an order of the Unemployment Appeals Commission which affirmed the decision of the appeals referee that Brown was disqualified from receiving Unemployment benefits because she voluntarily left her employment without good cause. § 443.101(l)(a)(l), Fla. Stat. We affirm.
The determination of whether an employee left employment voluntarily and whether the leaving was without good cause are questions of fact.1 The issue on appeal is whether the referee’s findings of fact are supported by substantial competent evidence.2 If there is substantial competent evidence in the record, although there may be sufficient competent evidence to support a contrary finding, this court must affirm.
The referee’s conclusion that Brown left her employment voluntarily is supported by the record. Brown told her supervisor she was leaving and “may not” be back, and then she walked off the job, during work hours. She also took personal items with her and she never contacted her employer or asked for her job back.
The referee’s finding that Brown lacked good cause for leaving is also supported by this record. There was tension in the work place and Brown had been subjected to discourteous and rude behavior by another employee. However, based on other employees’ testimony at the hearing, the referee found that the disharmony and unpleasantness was not so great that it would cause the average person to leave gainful employment. That is the appropriate standard,3 and it was supported by competent evidence.
AFFIRMED.
PALMER and ORFINGER, R.B., JJ., concur. . Roman v. A-1 Specialty Gasolines, Inc., 682 So. 2d 1241 (Fla. 1st DCA 1996); Tarr v. Florida Unemployment Appeals Commission, 651 So. 2d 1246 (Fla. 2d DCA 1995).
. Novas v. Florida Unemployment Appeals Commission, 735 So. 2d 563 (Fla. 3d DCA 1999); Tarr; Campeanu v. Florida Unemployment Appeals Commission, 629 So. 2d 1015 (Fla. 4th DCA 1993).
.Dean v. Florida Unemployment Appeals Commission, 598 So. 2d 100 (Fla. 2d DCA 1992); Marcelo v. Dept. of Labor and Employment Sec., 453 So. 2d 927 (Fla. 2d DCA 1984). The standard is not that of the highly emotional, super sensitive employee. Ritenour v. Florida Unemployment Appeals Commission, 570 So. 2d 1106 (Fla. 5th DCA 1990).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Smith v. Unemployment Appeals Comm'n, 823 So. 2d 873 (Fla. 5th DCA 2002)…is disqualified from receiving unemployment benefits. § 44S.101(l)(a), Fla. Stat. (2001). Whether an employee left employment voluntarily and whether the leaving was without good cause are questions of fact. Brown v. Unemployment Appeals Commission, 820 So. 2d 457 (Fla. 5th DCA 2002). In some circumstances, an employee’s acceptance of a severance package on leaving employment does not bar unemployment compensation. See LeCroy v. Unemployment Appeals Commission, 654 So. 2d 1054 (Fla. 1st DCA 1995). However, th…
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Parker v. Unemployment Appeals Comm'n, 41 So. 3d 1090 (Fla. 5th DCA 2010)…good cause. As a result of this determination, Parker was denied unemployment benefits. We affirm. Whether an employee left employment voluntarily and whether he did so without good cause are questions of fact. Brown v. Unemployment Appeals Comm’n, 820 So. 2d 457 (Fla. 5th DCA 2002). An appeal referee’s factual determinations are ordinarily presumed to be correct. Smith v. Unemployment Appeals Comm’n, 823 So. 2d 873 (Fla. 5th DCA 2002). Thus, if there is substantial competent evidence in the record to suppor…
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Fillmore v. Fla. Unemployment Appeals Comm'n & La Petite Acad. Inc., 873 So. 2d 1256 (Fla. 1st DCA 2004)…at appellant was disqualified from receiving unemployment benefits. We affirm. The appeals referee determined that appellant left her employment voluntarily without good cause attributable to the employer. See Brown v. Unemployment Appeals Comm’n, 820 So. 2d 457 (Fla. 5th DCA 2002)(stating that whether an employee left employment voluntarily and whether the leaving was without good cause are questions of fact). The issue on appeal is whether the referee’s findings of fact are supported by competent, substan…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ritenour v. Unemployment Appeals Comm'n, 570 So. 2d 1106 (Fla. 5th DCA 1990)
- Dean v. Fla. Unemployment Appeals Comm'n & Scannavino, Inc., 598 So. 2d 100 (Fla. 2d DCA 1992)
- Marcelo v. Dep't OF Labor & Emp. Sec., 453 So. 2d 927 (Fla. 2d DCA 1984)
- Dorel Campeanu v. Fla. Unemployment Appeals Comm'n & Jack Eckerd Corp., 629 So. 2d 1015 (Fla. 4th DCA 1993)
- Newco Homes OF Ocala, Inc. v. Begnaud, 682 So. 2d 1241 (Fla. 5th DCA 1996)
- Crowder v. State, 735 So. 2d 563 (Fla. 3d DCA 1999)
- Tarr v. Fla. Unemployment Appeals Comm'n & Elreha Photogene Corp., 651 So. 2d 1246 (Fla. 2d DCA 1995)