THERESA FISHER, PETITIONER,
v.
STATE OF FLORIDA DEPARTMENT OF COMMERCE, DIVISION OF EMPLOYMENT SECURITY, AND SOUTHERN BELL TELEPHONE COMPANY, RESPONDENTS
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PER CURIAM.
Upon due consideration of the briefs and record we are of the opinion that the termination of petitioner’s employment was because of nonavailability of work at the expiration of her approved maternity leave; therefore petitioner did not voluntarily leave her employment without good cause attributable to her employer thus entitling her to receive unemployment benefits. See Robinson v. Industrial Relations Commission, Fla.App., 329 So. 2d 401, opinion filed March 26, 1976. This court’s recent decision in Robinson, supra, involved a situation markedly similar to the instant case and we are of the opinion that the rationale and conclusion in Robinson is applicable here. Accordingly, the petition for writ of certiorari addressed to the decision of the Industrial Relations Commission (denying petitioner’s claim for unemployment compensation) is granted and the order under review is quashed and the cause remanded with directions to grant petitioner unemployment compensation benefits.
CERTIORARI GRANTED.
WALDEN, C. J., and CROSS and MA-GER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Monsanto Co. v. Fla. Dep't OF Labor & Emp. Sec., 371 So. 2d 594 (Fla. 1st DCA 1979)…urt determined that an employee, terminated due to economic conditions following an employer-approved maternity leave, had not voluntarily left her employment without good cause attributable to her employer. Accord, Fisher v. Department of Commerce, 333 So. 2d 513 (Fla. 4th DCA 1976); Swavely v. Industrial Relations Commission, 345 So. 2d 399 (Fla. 3d DCA 1977). In none of the aforementioned cases did the court hold that an employee was entitled to unemployment benefits during the time she was on maternity le…
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Swavely v. Indus. Relations Comm'n, 345 So. 2d 399 (Fla. 3d DCA 1977)…es (1975). This precise question has already been considered and answered in the negative in Robinson v. Industrial Relations Commission, 329 So. 2d 401 (Fla. 4th DCA 1976) and Fisher v. State of Fla. Dept. of Commerce, Div. of Employment Security, 333 So. 2d 513 (Fla. 4th DCA 1976). We find the holdings in these two cases are controlling and, therefore, grant the petition for writ of certiorari, quash the order under review and remand with directions to grant petitioner unemployment compensation benefits.…
Authorities Cited
- Robinson v. Indus. Relations Comm'n, 329 So. 2d 401 (Fla. 4th DCA 1976)