FRANKLIN PARKER, APPELLANT,
v.
UNEMPLOYMENT APPEALS COMMISSION, APPELLEE
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Franklin Parker appealed a decision denying him unemployment benefits after being found to have voluntarily abandoned his job as a line cook without good cause. The Florida District Court of Appeal affirmed the Unemployment Appeals Commission's decision, finding substantial competent evidence supported the findings and that Parker failed to preserve his claim regarding an inability to participate in a hearing.
The court affirmed the decision denying unemployment benefits. Substantial competent evidence in the referee's report supported the finding that Parker abandoned his job without good cause, and Parker failed to preserve his claim regarding inability to participate in the hearing because he did not request reopening of the hearing as instructed despite receiving notice of his right to do so.
[1] An employee's voluntary abandonment of employment without good cause disqualifies them from receiving unemployment benefits.
[2] An appellate court must affirm an appeal referee's factual determinations if there is substantial competent evidence in the record to support them.
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Join FLexlaw to unlock all legal intelligence“Whether an employee left employment voluntarily and whether he did so without good cause are questions of fact.”
Establishes the standard of review for factual determinations in unemployment benefits cases
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Join FLexlaw to unlock all legal intelligenceParker worked as a line cook at Landry's Seafood House. An appeal referee found that Parker voluntarily abandoned his job without good cause, based on…
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Franklin J. Parker appeals an order of the Unemployment Appeals Commission affirming the appeal referee’s finding that Parker voluntarily abandoned his job as a line cook at Landry’s Seafood House without good cause. As a result of this determination, Parker was denied unemployment benefits. We affirm.
Whether an employee left employment voluntarily and whether he did so without good cause are questions of fact. Brown v. Unemployment Appeals Comm’n, 820 So.2d 457 (Fla. 5th DCA 2002). An appeal referee’s factual determinations are ordinarily presumed to be correct. Smith v. Unemployment Appeals Comm’n, 823 So.2d 873 (Fla. 5th DCA 2002). Thus, if there is substantial competent evidence in the record to support the appeal referee’s findings, and in particular the finding that Parker abandoned his job without good cause, this court must affirm. Brown, 820 So.2d at 458. It is clear from the appeal referee’s report that she based her findings on testimony from the chef who supervised Parker. Although Parker claims in his brief on appeal that he was *1091fired, we cannot reweigh the evidence. Id. 1
Parker also argues on appeal that he was unable to participate in one of the two telephonic hearings in this case because he could not afford a telephone due to his unemployment. However, the referee’s decision, which was served on Parker, notified him that if he was unable to attend the hearing for good cause, he could request that the hearing be reopened. The notice instructed Parker as to how he could make this request, either through the internet or by mail. There is no request in the record by Parker to reopen the hearing. And, Parker never gave any explanation to the agency for why he missed the hearing. Accordingly, this issue is not preserved for review. Cf. Saunders v. Unemployment Appeals Comm’n, 776 So.2d 369 (Fla. 5th DCA 2001) (explaining that an appellate court’s review is limited to matters contained in the record on appeal).
AFFIRMED.
ORFINGER, LAWSON and JACOBUS, JJ., concur.
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Duggan v. Reemployment Assistance Appeals Comm'n, 196 So. 3d 589 (Fla. 5th DCA 2016)…s Commission, which affirmed a referee’s decision to disqualify her from receiving unemployment benefits. Having carefully considered Duggan’s arguments on appeal and the record before us, we affirm. See, e.g., Parker v. Unemployment Appeals Comm’n, 41 So. 3d 1090, 1090 (Fla. 5th DCA 2010) (“An appeal referee’s factual determinations are ordinarily presumed to be correct . „. [and thus], if there is substantial competent evidence in the record to support the appeal referee’s findings ... this court must affir…
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Dina Porubsky v. Reemployment Assistance Appeals Comm'n, 208 So. 3d 322 (Fla. 5th DCA 2017)
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Advanced Eyecare OF Central Florida v. Reemployment Assistance Appeals Comm'n, 209 So. 3d 680 (Fla. 5th DCA 2017)…affirmed a referee’s decision allowing a terminated employee to receive unemployment benefits. Having carefully considered Employer’s arguments on appeal and the record before us, we affirm. See, e.g., Parker v. Unemploy [*681] ment Appeals Comm’n, 41 So. 3d 1090, 1090 (Fla. 5th DCA 2010) (“An appeal referee’s factual determinations are ordinarily presumed to be correct. Thus, if there is substantial competent evidence in the record to support the appeal referee’s findings, ... this court must affirm.” (cita…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Smith v. Unemployment Appeals Comm'n, 823 So. 2d 873 (Fla. 5th DCA 2002)
- 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)
- RAY v. State, 776 So. 2d 369 (Fla. 5th DCA 2001)