JOHN E. THOMAS, APPELLANT,
v.
PEOPLEASE CORP., AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES

Fla. 3d DCA | 2004-06-09
No. 3D04-606
Before, COPE, FLETCHER and RAMIREZ, JJ.
877 So. 2d 45 Florida District Court of Appeal, Third District (2004)

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Synopsis

John E. Thomas, a truck driver, resigned after his employer twice refused to accommodate his court schedule and then refused to meet with him for four days to discuss the matter. The court reversed the denial of unemployment benefits, holding that Thomas had good cause attributable to the employer to resign.


Holding

The court held that Thomas's resignation was with good cause attributable to the employer because the employer twice frustrated his requests for an accommodating route and then refused to meet with him for four days to resolve the situation. As a matter of public policy, employers have an obligation of reasonable cooperation where an employee's court appearance is required.


Headnotes

[1] An employee's resignation is considered voluntary and without good cause attributable to the employer when examined from the standard of the average, able-bodied, qualifi…

[2] Good cause for resignation is defined as a reason that reasonable individuals would deem valid and not indicative of an unwillingness to work.

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Key Quotes

“Whether an employee's resignation is both voluntary and without good cause attributable to the employer must be examined from the standard of the 'average, able-bodied, qualified worker.'”

Establishes the legal standard for evaluating whether an employee had good cause to resign for unemployment benefits purposes.

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Facts & Procedural History

Thomas worked as a truck driver for Peoplease Corporation starting in June 2002. He received a traffic ticket in Georgia in May 2003 and requested rou…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

John E. Thomas appeals an order denying unemployment compensation benefits. We reverse.

The Appeals Referee’s findings included the following:

The claimant [John E. Thomas] started working for the employer [Peoplease Corporation], a trucking transportation company, on June 6, 2002, as a truck driver....

In May of 2003, the claimant received a ticket in the State of Georgia. The claimant was scheduled to go to court sometime on or about July of 2003 regarding the ticket. The claimant advised the dispatcher of his court date. The claimant wanted the dispatcher to give him a route that would take him through Georgia during the time he was scheduled to be at court. The dispatcher did not do so, and the claimant missed his court date. The claimant was able to reschedule the court date for August of 2003. In August of 2003, the claimant once again advised the dispatcher that he had to go to court, and tried to have his schedule take him there. The claimant was initially scheduled to be in Georgia at the time that he would be at his court appointment. At the last minute the dispatcher changed his route, and the claimant had to go to Jacksonville, Florida. When the claimant returned, he waited at the facility to speak with the owner. After waiting four days, the claimant took his things and left.

The Referee concluded that Thomas had voluntarily left his employment without good cause attributable to the employer, and held that he was not entitled to unemployment benefits.

We conclude that the Referee misapprehended the legal standard.

Whether an employee’s resignation is both voluntary and without good cause attributable to the employer must be examined from the standard of the “average, able-bodied, qualified worker.” In other words, courts focus on whether the average, able-minded, qualified worker would have given up her employment under the same circumstances endured by the departing employee. Courts have defined good cause as “a reason which would be deemed by reasonable men and women valid and not indicative of an unwillingness to work.”

Grossman v. Jewish Community Center of Greater Fort Lauderdale, Inc., 704 So. 2d 714, 716 (Fla. 4th DCA 1998) (citations omitted).

In the present case, Mr. Thomas was a truck driver for the truck driving firm. While working, he had received a traffic ticket which he wished to contest. If convicted of the infraction, this would affect the claimant’s driving record, a matter of legitimate concern to someone who earns a living as a driver. According to the facts found by the Referee, the company twice frustrated the claimant’s request to be given a route which would allow him to appear in court. After the second such refusal, the claimant waited four days to meet with the owner about this, but the owner would not see him.

As a matter of public policy, employers have an obligation of reasonable cooperation where an employee’s appearance in the court system is required. While the two failures to accommodate the claimant may or may not have béen enough standing alone, there clearly was good cause for resignation once the owner refused for four days to meet with the claimant to try to resolve the situation.

We conclude that the claimant’s resignation was with good cause attributable to the employer. For the stated reasons, we reverse the order now before us and remand with directions to grant the unemployment benefits.


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