TYRON L. MORRIS, APPELLANT,
v.
UNEMPLOYMENT APPEALS COMMISSION, APPELLEE
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The court reversed the Unemployment Appeals Commission's denial of benefits and remanded for determination of whether the appellant had good cause to quit due to physical disability under Florida Statute § 443.101(l)(a)1.
An appellant who voluntarily terminates employment due to physical disability must be afforded a hearing on whether he had good cause to quit, rather than having his claim dismissed based on a finding that he was discharged.
[1] When an appellant voluntarily terminates employment due to physical disability, the appeals referee must determine whether the appellant had good cause to quit under Flor…
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Join FLexlaw to unlock all legal intelligenceTyron Morris was discharged from employment. The appeals referee found he was entitled to unemployment benefits because the discharge was not for misc…
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TORPY, J.
Tyron Morris (“Appellant”) asserts that the Unemployment Appeals Commission (the “UAC”) erred in reversing the appeals referee’s finding that Appellant was eligible for unemployment benefits. The referee concluded that Appellant was entitled to benefits because he was discharged from his employment for reasons other than misconduct. The UAC, in denying benefits, found that Appellant had not been discharged, but instead, had quit his job voluntarily.
We agree with the UAC that the referee’s finding on this point was erroneous. However, it is apparent from the record that Appellant’s alternative ground supporting an award of unemployment benefits, that he voluntarily terminated his employment due to disability, was not sufficiently developed because the referee concluded that Appellant had been discharged. We, therefore, reverse the UAC’s order with instructions that this cause be remanded to the referee to determine whether Appellant had “good cause” for quitting his employment due to physical disability. § 443.101(l)(a)l., Fla. Stat. (2001). See Lewis v. Lakeland Health Care Center, Inc., 685 So. 2d 876, 879 (Fla. 2d DCA 1996).
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
SHARP, W., and MONACO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ciummo v. Unemployment Appeals Comm'n, 931 So. 2d 992 (Fla. 5th DCA 2006)…inquiry, however, is not at an end. Ms. Ciummo argues that she had good cause to resign from her position early because she was constructively discharged by the City. This argument is rooted in our decision in Morris v. Unemployment Appeals Comm’n, 866 So. 2d 1269, 1270 (Fla. 5th DCA 2004). There we remanded the case to the UAC to enable the employee to attempt to establish his alternative argument that he had good cause to voluntarily terminate his employment due to a disability. Because the appeals referee…
Authorities Cited
- Lewis v. Lakeland Health Care Ctr., Inc., 685 So. 2d 876 (Fla. 2d DCA 1996)