JAMES L. KELLY, APPELLANT,
v.
DADE COUNTY SCHOOL BOARD, AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES

Fla. 3d DCA | 2004-05-19
No. 3D03-2040
Before GERSTEN, GREEN, and SHEPHERD, JJ.
872 So. 2d 457 Florida District Court of Appeal, Third District (2004) Positive Treatment
Cited by 6 cases
Topics
Good Cause For Leaving Employment Termination Of Employment Constructive Discharge Good Cause

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Opinion of the Court
PER CURIAM.

[*458] PER CURIAM.

James Kelly (“appellant”) appeals from an order of the Unemployment Appeals Commission, affirming the denial of unemployment compensation benefits. We disagree with the conclusion that the appellant left his employment without good cause and reverse.

“Good cause for leaving employment turns on whether the circumstances in a given case would have impelled the average, able-minded, qualified worker to give up his employment.” Eulo v. Florida Unemployment Appeal Comm’n, 724 So. 2d 636 (Fla. 2d DCA 1999). Appellant alleges that he is entitled to benefits as he left his employment with good cause attributable to his employer. The school board did not present any witnesses with personal knowledge of the facts in appellant’s case or rebut the appellant’s claims that he was constructively discharged from his employment.

As there is not substantial, competent evidence to support the referee’s finding that appellant voluntarily left his employment without good cause attributable to his employer, we reverse the order disqualifying him from receiving unemployment benefits.

Reversed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Balkanski v. Double J OF Broward, Inc., 949 So. 2d 339 (Fla. 3d DCA 2007)
    …. We reverse. There is no substantial competent evidence that Balkanski left her employment without good cause attributable to her employer. See Wood v. Unemployment Appeals Comm’n, 927 So. 2d 127 (Fla. 2d DCA 2006); Kelly v. Dade County Sch. Bd., 872 So. 2d 457 (Fla. 3d DCA 2004); Lewis v. Lakeland Health Care Ctr., Inc., 685 So. 2d 876 (Fla. 2d DCA 1996). Accordingly, we reverse the order disqualifying Balkanski from receiving unemployment benefits. Reversed.…
  • Margia R. Forte v. Florida Unemployment Appeals, 899 So. 2d 1159 (Fla. 3d DCA 2005)
    …ployment. The standard of review of a decision by the UAC is whether the decision is supported by substantial competent evidence. See Rietter v. Florida Unemployment Appeals Comm’n, 875 So. 2d 808 (Fla. 3d DCA 2004); Kelly v. Dade County School Bd., 872 So. 2d 457 (Fla. 3d DCA 2004). Under section 443.101(1)(a), Florida Statutes (2004), a claimant is disqualified from receiving benefits if he has been discharged by his employer for misconduct connected with his work. Misconduct is defined in section 443.036(…
  • Ortega v. Fla. Unemployment Appeals Comm'n & Symax Servs. Ltd., 884 So. 2d 503 (Fla. 1st DCA 2004)
    …good cause” where the employee presented unrebutted evidence that she left her job because her employer was requiring her to backdate ticket orders, which employee considered improper, unprofessional, and illegal), and Kelly v. Dade County Sch. Bd., 872 So. 2d 457, 458 (Fla. 3d DCA 2004) (finding no competent substantial evidence to support the referee’s determination in favor of the employer where the employer did not present any witnesses with personal knowledge of the claims and did not rebut the employee’…

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