IBIS SARDINAS, APPELLANT,
v.
STATE OF FLORIDA, UNEMPLOYMENT APPEALS COMMISSION AND VERIZON SALES CORP., APPELLEES
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The court held that the Unemployment Appeals Commission erred in reversing the appeals referee's decision because there was competent, substantial evidence to support the referee's finding.
Ibis Sardinas appealed the Unemployment Appeals Commission's reversal of a decision that she left her employment with good cause attributable to her e…
The full statement of facts, procedural history, and disposition for this case are member content.
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[*1205] PER CURIAM.
Ibis Sardinas appeals from the Unemployment Appeals Commission’s reversal of the appeals referee’s decision that she left her employment with good cause attributable to her employer and was qualified for unemployment benefits. § 443.101(l)(a)l, Fla. Stat (2003). We reverse.
“The determination of 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, 458 (Fla. 5th DCA 2002). “[A]l-though the Unemployment Appeals Commission possesses the authority to reverse an appeals referee’s findings of fact and conclusions of law, the commission may do so only where there is no competent, substantial evidence in the record to support the appeals referee’s decision.” Campeanu v. Fla. Unemployment Appeals Comm’n, 629 So. 2d 1015, 1016 (Fla. 4th DCA 1993).
The record reveals that Sardinas had legitimate concerns that she might be terminated as a result of job performance and her decision to accept a severance package offered by her employer was reasonable. There was substantial competent evidence supporting the appeals referee’s finding that she voluntarily left her employment with good cause attributable to her employer. Reversed.
STEVENSON, C.J., TAYLOR and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lawnco Servs., Inc. v. Unemployment Appeals Comm'n & Shannon B. Bowman, 946 So. 2d 586 (Fla. 4th DCA 2006)…However, the UAC possesses the authority to reverse an appeals referee’s findings of fact and conclusions of law only where there is no competent, substantial evidence in the record to support those findings. Sardinas v. Unemployment Appeals Comm’n, 906 So. 2d 1204, 1205 (Fla. 4th DCA 2005) (per cu-riam) (quoting Campeanu v. Fla. Unemployment Appeals Comm’n, 629 So. 2d 1015, 1016 (Fla. 4th DCA 1993) (per cu-riam)); see also Saenz v. Fla. Unemployment Appeals Comm’n, 647 So. 2d 283, 285 (Fla. 2nd DCA 1994) (“[T…
Authorities Cited
- Dorel Campeanu v. Fla. Unemployment Appeals Comm'n & Jack Eckerd Corp., 629 So. 2d 1015 (Fla. 4th DCA 1993)
- Steele v. Moore, 820 So. 2d 457 (Fla. 5th DCA 2002)
- Gale L. Brown v. Unemployment Appeals Comm'n, 820 So. 2d 457 (Fla. 5th DCA 2002)