J. W. WILLIAMS, PETITIONER,
v.
STATE OF FLORIDA, DEPARTMENT OF COMMERCE AND DAVID & BAILEY SERVICE CO., INC., RESPONDENTS
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Petitioner sought certiorari review of an Industrial Relations Commission decision denying unemployment compensation benefits. The court held that the petitioner did not voluntarily leave employment without good cause when he took a one-day unpaid trip during a weather-induced work stoppage, and therefore was entitled to benefits.
The court held that the facts and circumstances do not support a finding that the claimant voluntarily left employment without good cause attributable to his employer. The petitioner was entitled to unemployment compensation benefits.
[1] An employee's voluntary departure from employment without good cause attributable to the employer disqualifies them from unemployment benefits.
[2] Unemployment Compensation Law is remedial and humanitarian legislation that should be liberally and broadly construed.
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Join FLexlaw to unlock all legal intelligence“the facts and circumstances surrounding this case do not support the respondent's decision that the claimant, petitioner, voluntarily left his employment without good cause attributable to his employer”
Establishes the court's holding that the evidence did not meet the standard for disqualification from unemployment benefits
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Join FLexlaw to unlock all legal intelligencePetitioner was employed as a subcontractor painter/foreman on a painting job where weather frequently precluded work. On March 1, 1971, he reported fo…
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Petitioner prays for a writ of certiorari to review decision of the Industrial Relations Commission of the Department of Commerce.
Briefly stated, the facts are that the petitioner had been employed as a subcontractor painter or foreman on a painting job. He and the men under him could not work when it was raining or weather precluded painting. There was a wet season and not much work being done. On March 1, 1971, Monday, the petitioner had reported for work, but was unable to work because of the weather. The next day, also a wet day, petitioner, after ascertaining from the weather bureau that rain was predicted for the balance of the week, agreed to help a friend move some articles to Georgia, without pay. He returned home on Friday night and learned from his employer that the men had worked on Friday, and that petitioner had been replaced. There is some dispute about some keys to a trailer where the paint and equipment was stored, and about a truck used on the job.
Petitioner made application for benefits under unemployment compensation, as provided by law, and followed the procedure required prior to petition to this Court.
We have reviewed the record and briefs and citations in support of each party’s contention, and we are of the opinion and so hold, that the facts and circumstances surrounding this case do not support the respondent’s decision that the claimant, petitioner, voluntarily left his employment without good cause attributable to his employer. We have reviewed the cases and are of the opinion that each case must stand on its facts. We are not unmindful of the fact that the Unemployment Compensation Law is remedial, humanitarian legislation and should be liberally and broadly construed.1 The petitioner may have used bad judgment in not notifying his employer of his intended trip or in relying on the weather forecast, but nothing in this record substantially supports the fact that petitioner intended to abandon his job or that he deliberately absented himself for only one day when the weather permitted painting.
For the reasons stated, the decision of the respondent is quashed and this cause is remanded for entry of an order allowing the prescribed benefits.
CARROLL, DONALD K., Acting C. J„ and WIGGINTON and JOHNSON, JJ., concur.
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Tucker v. Fla. Dep't OF Commerce, 366 So. 2d 845 (Fla. 1st DCA 1979)…elied on his doctor and his staff to send the letters they agreed to send. Such behavior does not amount to misconduct. Another decision of the Industrial Relations Commission was reversed by this court in Williams v. State, Department of Commerce, 260 So. 2d 233 (Fla. 1st DCA 1972) where a painter who relied on a weather report predicting that it would rain all week left town on the assumption that he would not need to report to work that week. As it happened, it did not rain on Friday; and when he was not…
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Davis v. Fla. Unemployment Appeals Comm'n & Winn Dixie Stores, Inc., 472 So. 2d 800 (Fla. 3d DCA 1985)…lude the payment of unemployment compensation benefits under Section 443.101(l)(a), Florida Statutes (1983). See Tucker v. Florida Department of Commerce, 366 So. 2d 845, 847 (Fla. 1st DCA 1979); Williams v. State of Florida, Department of Commerce, 260 So. 2d 233, 234 (Fla. 1st DCA), cert. denied, 264 So. 2d 427 (Fla.1972); Spaulding v. Florida Industrial Commission, 154 So. 2d 334, 338-39 (Fla. 3d DCA 1963). In this respect, we reject the referee’s legal conclusion that there were two fights in this case a…
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Ina M. Baeza v. PAN American/National Airlines, Inc., 392 So. 2d 920 (Fla. 3d DCA 1980)…: “The Unemployment Compensation Law is remedial, humanitarian legislation and should be liberally and broadly construed.” City of Fort Lauderdale v. Fowler, 355 So. 2d 159, 161 (Fla. 4th DCA 1978) (quoting Williams v. State, Department of Commerce, 260 So. 2d 233, 234 (Fla. 1st DCA 1972)). Section 443.-20, Rule of Liberal Construction, Florida Statutes (1977), states that the unemployment compensation chapter shall be liberally construed to accomplish its purpose to promote employment security and to secure…
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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)