MERIDITH R. CAIN, APPELLANT,
v.
UNEMPLOYMENT APPEALS COMMISSION, APPELLEE

Fla. 5th DCA | 2004-06-04
No. 5D03-2889
SHARP, W., and THOMPSON, JJ., concur.
876 So. 2d 592 Florida District Court of Appeal, Fifth District (2004) Positive Treatment
Cited by 7 cases

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Holding

The court held that the claimant voluntarily left employment without good cause attributable to the employer, disqualifying her from unemployment benefits.

Facts & Procedural History

The appellant, Meridith R. Cain, was disqualified from receiving unemployment benefits. The Unemployment Appeals Commission affirmed the referee's det…

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Topics
Voluntarily Leaving Employment Without Good Cause Attributable To Employer Employer Attribution Voluntary Termination Of Employment Good Cause

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Opinion of the Court
MONACO, J.

MONACO, J.

This is an administrative appeal from a final order of the Unemployment Appeals Commission affirming the determination of the unemployment compensation appeals referee that the appellant, Meridith R. Cain, was disqualified from receiving unemployment benefits because she voluntarily left her employment without good cause attributable to her employer. We affirm.

The standard of review of an administrative agency’s adjudicative findings is whether those findings are supported by substantial competent record evidence. See Gfrorer v. Unemployment Appeals Comm’n, 864 So. 2d 1290, 1290 (Fla. 5th DCA 2004). If they are, the findings are generally not reversable on appeal. See Walukiewicz v. Unemployment Appeals Comm’n, 861 So. 2d 1288 (Fla. 5th DCA 2004). Whether a claimant for unemployment benefits leaves his or her employment voluntarily and without good cause attributable to the employer is a question of fact, and thus should not be disturbed on appeal provided there is competent, substantial evidence supporting it. See Gfrorer, Rozell v. Unemployment Appeals Comm’n, 752 So. 2d 99 (Fla. 2d DCA 2000).

In the present case our review reflects that there is sufficient evidence in the record to support the finding that Ms. Cain failed to meet or maintain known or accepted conditions of employment, and that she, therefore, left her employment voluntarily and without good cause attributable to her employer. See, e.g., School Bd. of Lee County v. Florida Unemploy ment Appeals Comm’n, 500 So. 2d 253 (Fla. 1st DCA 1986).

AFFIRMED.

SHARP, W., and THOMPSON, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Keen v. Dep't OF Bus. & Prof'l, 920 So. 2d 805 (Fla. 5th DCA 2006)
    …his license for one year. This appeal timely followed. The standard of review of an administrative agency’s adjudicative findings is whether those findings are supported by substantial competent record evidence. Cain v. Unemployment Appeals Com’n, 876 So. 2d 592 (Fla. 5th DCA 2004). Keen first argues that this case should be remanded for a new hearing because he did not receive proper notice of the hearing. Substantial competent evidence is contained in the record showing that Keen had ample notice of both…
  • Rhett Bessire v. Unemployment Appeals Comm'n, 899 So. 2d 368 (Fla. 5th DCA 2005)
    …or her employment voluntarily and without good cause attributable to the employer is a question of fact, and thus should not be disturbed on appeal provided there is competent, substantial evidence supporting it.” Cain v. Unemployment Appeals Com’n, 876 So. 2d 592, 593 (Fla. 5th DCA 2004). Bessire failed to have the hearing transcribed and made part of the record on appeal and waived his opportunity to supplement the record with the transcript by failing to timely request a transcript from the UAC. See Estrad…
  • Stokes v. Dep't of Revenue & Lorie Elayne Loy, 275 So. 3d 713 (Fla. 5th DCA 2019)

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