COASTLINE FEDERAL CREDIT UNION, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION AND JANNIE ANDERSON, APPELLEES
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An employer appealed the Florida Unemployment Appeals Commission's decision awarding unemployment benefits to a discharged employee. The court held that the UAC impermissibly rejected the appeals referee's factual findings that were supported by competent, substantial evidence, and reversed the decision.
The court held that the UAC impermissibly rejected the appeals referee's factual findings. When an appeals referee's findings are supported by competent, substantial evidence, the UAC may not reweigh the evidence or substitute its own findings for those of the referee.
[1] An Unemployment Appeals Commission may not reweigh evidence or substitute its own findings for those of an appeals referee when the referee's findings are supported by co…
[2] An Unemployment Appeals Commission impermissibly rejects an appeals referee's factual findings when it concludes an employee was not discharged for misconduct despite the…
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Join FLexlaw to unlock all legal intelligence“When reviewing the appeals referee's order, the UAC may not reweigh the evidence or substitute its own findings for those of the referee when the referee's findings are supported by competent, substantial evidence.”
Establishes the standard of review and the error committed by the UAC in this case
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Join FLexlaw to unlock all legal intelligenceJannie Anderson was discharged from Coastline Federal Credit Union for insubordination after circumventing the employer's conflict resolution policy a…
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Coastline Federal Credit Union (the employer) appeals the final order of the Unemployment Appeals Commission (UAC), entitling Jannie Anderson (Claimant) to unemployment compensation benefits. The appeals referee found that Claimant *319was not entitled to benefits, but the UAC reversed this determination and found that Claimant’s behavior did not constitute misconduct. The employer argues, and we agree, that the UAC impermissibly rejected the appeals referee’s factual findings when it concluded that Claimant was not discharged for misconduct.
In the recommended order, the appeals referee found that Claimant was discharged for insubordination when she circumvented the employer’s conflict resolution policy, after previously receiving a written warning for insubordination, and when she disrupted the employer’s business. There was conflicting evidence presented to the appeals referee on these issues; however, the referee specifically found that the employer’s witnesses were more credible and the referee’s findings were supported by competent, substantial evidence. When reviewing the appeals referee’s order, the UAC may not reweigh the evidence or substitute its own findings for those of the referee when the referee’s findings are supported by competent, substantial evidence. Watson v. Summit Asset Mgmt., LLC, 22 So.3d 145, 147 (Fla. 4th DCA 2009); Szniatkiewicz v. Unemployment Appeals Comm’n, 864 So.2d 498, 502 (Fla. 4th DCA 2004). In this case, the UAC wrongfully rejected the appeals referee’s findings. Accordingly, we reverse the order of the UAC and direct the UAC to enter an order consistent with the decision of the appeals referee.
REVERSED and REMANDED with instructions.
DAVIS, VAN NORTWICK, and THOMAS, JJ., concur.
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Citator
Cited By
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Peace River Distrib., Inc. v. Fla. Unemployment Appeals Comm'n & Gregory D. Guilmette, 80 So. 3d 461 (Fla. 1st DCA 2012)…Appeals Commission] may not reweigh the evidence or substitute its own findings for those of the referee when the referee’s findings are supported by competent, substantial evidence.” Coastline Fed. Credit Union v. Fla. Unemployment Appeals Comm’n, 72 So. 3d 318, 319 (Fla. 1st DCA 2011) (citing Watson v. Summit Asset Mgmt., LLC, 22 So. 3d 145, 147 (Fla. 4th DCA 2009); Szniatkiewicz v. Unemployment Appeals Comm’n, 864 So. 2d 498, 502 (Fla. 4th DCA 2004)). See also Mohammed v. Fla. Unemployment Appeals Comm’n…
Authorities Cited
- Szyja Szniatkiewicz v. Unemployment Appeals Comm'n & Herco Holding Corp., 864 So. 2d 498 (Fla. 4th DCA 2004)
- Watson v. Summit Asset Mgmt., LLC, 22 So. 3d 145 (Fla. 4th DCA 2009)