JANE T. CARLSON, PETITIONER,
v.
FLORIDA DEPARTMENT OF COMMERCE ET AL., RESPONDENTS
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Petitioner Carlson challenged a denial of unemployment compensation benefits after she was discharged for refusing a job transfer to a position at the same management level and pay. The court affirmed the Industrial Relations Commission's determination that her refusal constituted misconduct connected with work under Florida unemployment law.
The court held that Carlson's refusal to accept the job assignment constituted misconduct connected with work as defined under Florida Unemployment Compensation Law, thereby disqualifying her from benefits. The employee's personal subjective view that the transfer was a demotion does not override the employer's right to reassign work when the objective terms remain unchanged.
[1] An employee's refusal to accept a job reassignment, even if perceived as a demotion, can constitute misconduct connected with work if it is a deliberate act that material…
[2] An appellate court will not disturb the decision of an Industrial Relations Commission if its findings and conclusions are supported by competent and substantial evidence…
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Join FLexlaw to unlock all legal intelligence“'Misconduct connected with work' as a term as used in this law has been defined as a deliberate act or omission by the worker which constitutes a material breach of the duties which is tantamount to an intentional disregard of the employer's interests.”
The standard definition of misconduct under Florida Unemployment Compensation Law that the court applied to evaluate whether Carlson's conduct qualified as disqualifying misconduct.
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Join FLexlaw to unlock all legal intelligenceCarlson worked as a public relations representative-publisher for a telephone service business from July 1970 to May 10, 1971 at management level four…
The full statement of facts, procedural history, and disposition for this case are member content.
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Petitioner filed her petition for writ of certiorari to review a denial of her claim for unemployment compensation.
The Industrial Relations Commission denied petitioner’s application for leave to appeal from the decision of the Appeals Referee, thereby making the decision of *25the Appeals Referee the decision of the Industrial Relations Commission.
The Appeals Referee made the following findings of fact:
"Claimant, who is thirty-eight years of age, worked as a public relations representative-publisher from July 1970 to May 10, 1971 for employer (038550), a telephone service business. Claimant’s job responsibilities entailed the editing and publication of information within the company. She was also responsible for the editing and publication of two magazines for distribution outside the company. The company has eight levels of management, and claimant was in level four. On May 5, 1971, claimant was notified by her supervisor that she had been switched to the editing and publication of the company’s general news. This job was in the same management level that she had been working. Claimant resented the switch in assignment, considering it a demotion. On Monday, May 10, 1971, claimant informed her employer she would not accept the job assignment. For this reason, she was discharged.
"Claimant was discharged for misconduct connected with her work.”
In summary, the petitioner refused to be transferred from one position of employment to another position which was in the same management level classification and for the same wages and number of hours, on the ground that such transfer was a demotion in that the new position did not require the skill and expertise required by the position from which she was transferred.
It is well Settled that appellate courts will not disturb the decision of the Industrial Relations Commission if its findings and conclusions are supported by competent and substantial evidence. The Appeals Referee in his conclusions stated as follows:
“The Florida Unemployment Compensation Law provides that an individual shall be disqualified for benefits if he has been discharged for misconduct connected with his work. ‘Misconduct connected with work’ as a term as used in this law has been defined as a deliberate act or omission by the worker which constitutes a material breach of the duties which is tantamount to an intentional disregard of the employer’s interests. The record and evidence in this case clearly show that claimant was discharged. This occurred because she failed to accept a job assignment. Her salary remained the same and her responsibilities were comparable, but claimant felt the change affected her status amounting to a demotion. When claimant persisted in making a personal decision as to where she would work, she followed a course of conduct in violation of her employment agreement, which was clearly detrimental for the employer’s interests. Accordingly, it must be concluded her discharge was for misconduct connected with work.”
We have carefully examined the record and the briefs of the respective parties and find that the decision of the Industrial Relations Commission is supported by competent, substantial evidence and, therefore, the petition for certiorari is
Denied.
LILES, J., concurs.
MANN, C. J., concurs in conclusion.
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Selvin G. Hines v. Dep't OF Labor & Emp. Sec., 455 So. 2d 1104 (Fla. 3d DCA 1984)…Commerce, Division of Employment Security, 373 So. 2d 433 (Fla. 3d DCA 1979); Varig Brazilian Airlines v. Florida Department of Commerce, Division of Employment Security, 354 So. 2d 921 (Fla. 3d DCA 1978); Carlson v. Florida Department of Commerce, 275 So. 2d 24 (Fla. 2d DCA 1973). For purposes of the unemployment compensation statutes, misconduct includes, but is not limited to: (a) Conduct evincing such willful or wanton disregard of an employer’s interests as is found in deliberate violation or disrega…
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Lusby v. Unemployment Appeals Comm'n, 697 So. 2d 567 (Fla. 1st DCA 1997)…bor and Employment Sec. Appeals Comm’n, 377 So. 2d 806 (Fla. 3d DCA 1979). If there. is competent, substantial evidence in the record to support the referee’s determination of misconduct, this court must affirm. Carlson v. Florida Dep’t of Commerce, 275 So. 2d 24 (Fla. 2d DCA 1973). Scott v. Central Florida Tower Corp., 646 So. 2d 842, 843 (Fla. 2d DCA 1994). The majority has erred in relying upon Paul v. Jabil Circuit Co., 627 So. 2d 545 (Fla. 2d DCA 1993). In that ease the appeals referee’s order gran…
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Scott v. Cent. Fla. Tower Corp. & Fla. Unemployment Appeals Comm'n, 646 So. 2d 842 (Fla. 2d DCA 1994)…abor and Employment Sec. Appeals Comm’n, 377 So. 2d 806 (Fla. 3d DCA 1979). If there is competent, substantial evidence in the record to support the referee’s determination of misconduct, this court must affirm. Carlson v. Florida Dep’t of Commerce, 275 So. 2d 24 (Fla. 2d DCA 1973). At the referee’s hearing, there was conflicting testimony regarding the incident that led to Scott’s discharge. The referee resolved conflicts in the testimony in favor of Scott. The appeals referee then found that Scott was di…
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