W. J. YORDAMLIS, PETITIONER,
v.
FLORIDA INDUSTRIAL COMMISSION, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A sandwich cook and experienced worker sought unemployment compensation after leaving a hotel job to care for his two children, one with behavioral issues. The Florida Industrial Commission denied benefits, finding his refusal of a job with rotating night hours lacked good cause, but the appellate court reversed, holding that valid personal reasons for family care constitute good cause under unemployment law.
The court held that the petitioner had valid personal reasons to leave his prior employment and to refuse the offered job with night hours, and that such personal reasons constitute good cause under Florida law, contrary to the Board's determination.
“This petitioner had valid personal reasons to terminate the employment which required him to work until 9:00 o'clock at night and to refuse to accept a job which would require a substantial amount of night work. It follows that the board departed from essential requirements of law in holding that such personal reasons did not amount to good cause.”
The court's core holding that personal childcare reasons constitute good cause for refusing unsuitable work under unemployment law.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePetitioner was an experienced sandwich man and cook who left his hotel job requiring work until 9:00 P.M. to care for his children (ages 12 and 16) in…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Suitable Work cases and more on FLexlaw
Claimant brings certiorari to review an order of the Board of Review of the Florida Industrial Commission denying appeal of a decision of an appeals referee rejecting his claim for unemployment compensation. Denial of claimant’s application for appeal made the referee’s order a decision by the Board of Review, reviewable by certiorari. § 443.07(4), (c) and (e), Fla.Stat., F.S.A.
The challenged ruling was placed on the ground that without good cause the claimant had failed to apply for suitable work when so directed by the Employment office.
Petitioner was an experienced sandwich man and cook. He gave up a job in a hotel which required him to work until 9:00 o’clock P.M., in order to properly care for his children, a boy of 12 and a girl of 16, who were in his sole care and custody, after the parents had been separated. The girl had been in difficulty, with a tendency to delinquency. He arranged for another job which would let him off around 4:00 P.M. His hotel employer prevailed on him to stay a week longer. When he left after working that extra time, his new job had been filled. After seeking appropriate employment unsuccessfully for a month, petitioner applied for unemployment compensation. The job to which he was directed by the Employment office was one with rotating hours which would have required him to work at night part of the time. Because of his personal reasons as outlined above he rejected the proffered employment.
In holding such refusal was without good cause the Board admittedly took the view that the claimant’s personal reasons did not constitute good cause. We hold otherwise.
*792This petitioner had valid personal reasons to terminate the employment which required him to work until 9:00 o’clock at night and to refuse to accept a job which would require a substantial amount of night work. It follows that the board departed from essential requirements of law in holding that such personal reasons did not amount to good cause. See Williams v. Florida Industrial Commission, Fla.App. 1961, 135 So.2d 435.
For the reason stated, and on authority of Williams v. Florida Industrial Commission, supra, certiorari is granted, the order under review is quashed and the cause is remanded with directions to enter an appropriate order in favor of the claimant, not inconsistent herewith.
It is so ordered.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gulf Cnty. Sch. Bd. v. Washington, 567 So. 2d 420 (Fla. 1990)…only to show that he voluntarily left for a good reason. Under the statute as then worded, the courts authorized the payment of unemployment compensation when an employee resigned to tend to familial obligations. Yordamlis v. Florida Indus. Comm’n, 158 So. 2d 791 (Fla. 3d DCA 1963); Williams v. Florida Indus. Comm’n, 135 So. 2d 435 (Fla. 3d DCA 1961). In 1963, the legislature amended the law to require that even when an employee quits for a good reason, he can only recover unemployment compensation if there…
-
Beard v. State of Fla. Dep't OF Commerce, 369 So. 2d 382 (Fla. 2d DCA 1979)…e for benefits. Under that version of the law, our sister court interpreted good cause to include familial obligations. Williams v. Florida Industrial Commission, 135 So. 2d 435 (Fla.3d DCA 1961). See also Yordamlis v. Florida Industrial Commission, 158 So. 2d 791 (Fla. 3d DCA 1963), in which the court interpreted “good cause” for refusing to accept proffered employment to include child care obligations. In 1963, the legislature amended Section 443.06(1) to require the good cause for voluntary termination to…
-
Dep't OF the AIR Force v. State, 486 So. 2d 632 (Fla. 1st DCA 1986)…for benefits. Under that version of the law, our sister court interpreted good cause to include familial obligations. Williams v. Florida Industrial Commission, 135 So. 2d 435 (Fla. 3d DCA 1961). See also Yordamlis v. Florida Industrial Commission, 158 So. 2d 791 (Fla. 3d DCA 1963), in which the court interpreted “good cause” for refusing to accept proffered employment to include child care obligations. In 1963, the legislature amended Section 443.06(1) to require the good cause for voluntary termination to…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. Fla. Indus. Comm'n & Mun. Auto Sales, Inc., 135 So. 2d 435 (Fla. 3d DCA 1961)