BARRY W. MUELLER, PETITIONER,
v.
HARRY LEE MOTORS, EMPLOYER, AND FLORIDA INDUSTRIAL RELATIONS COMMISSION, DEPT. OF COMMERCE, RESPONDENTS
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An employee who voluntarily leaves employment for good cause, such as non-payment of overtime, is entitled to unemployment benefits.
Petitioner was hired and informed he would be paid overtime for hours exceeding 44 per week, but was told by his employer that overtime was only paid …
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PER CURIAM.
Petitioner, Barry W. Mueller, by certiorari seeks review of the denial of his claim for unemployment benefits.
On September 15, 1973 petitioner was hired by Harry Lee Motors to work a 44-hour week with overtime to be paid in excess of 44 hours. Upon telephoning the Bureau of Wages, he was informed that an employee is entitled to be paid overtime for the additional hours he works in excess of 40 hours per week. Petitioner attempted to discuss this issue with his boss, who refused and told petitioner if he was dissatisfied he could quit. Petitioner walked off the job and when he returned the next day, was informed that he had been replaced. After a hearing, petitioner’s claim for unemployment compensation was denied by the claims examiner. The denial was affirmed by the appeals referee and the Industrial Relations Commission.
The law is established that an employee who voluntarily leaves his employment for good cause is still entitled to unemployment compensation benefits. Wil liams v. Florida Industrial Commission, Fla. App.1961, 135 So. 2d 435. Good cause must be one which would reasonably impel the average able-bodied qualified worker to give up his or her employment. Uniweld Products, Inc. v. Industrial Relations Commission, Fla.App.1973, 277 So. 2d 827.
We conclude petitioner had the requisite good cause to terminate his employment in that he was not receiving overtime compensation for the additional four hours worked.
Certiorari is granted, order of denial is quashed and the cause is remanded for the entry of an order allowing petitioner benefits.
It is so ordered.
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Perez v. State, 377 So. 2d 806 (Fla. 3d DCA 1979)…nted merely a perhaps unfelicitous choice of words to express the conclusion that Perez did not meet the applicable test; that of having cause which would “reasonably impel” an average employee to leave his job. See also Mueller v. Harry Lee Motors, 334 So. 2d 67, 68 (Fla. 3d DCA 1976).…
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Madison v. Williams Island Country Club, Ltd., 606 So. 2d 687 (Fla. 3d DCA 1992)…overtime without overtime pay. This is not the law. Therefore, in deciding whether Madison was guilty of misconduct, it is necessary for this court to determine whether Madison was legally required to work overtime. In Mueller v. Harry Lee Motors, 334 So. 2d 67 (Fla. 3d DCA 1976), this Court held that an employee had good cause to terminate his employment for not receiving overtime compensation for overtime worked. Thus, he remained entitled to receipt of unemployment compensation benefits. Accordingly, an…
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Martinez v. Ford Midway Mall, Inc., 59 So. 3d 168 (Fla. 3d DCA 2011)…ed whether an employee was eligible for unemployment benefits where he was not receiving compensation in violation of the FLSA. See Madison v. Williams Island Country Club, Ltd., 606 [*174] So. 2d 687 (Fla. 3d DCA 1992); Mueller v. Harry Lee Motors, 334 So. 2d 67 (Fla. 3d DCA 1976). In each case, this Court held that where the employee’s separation was based on an unlawful condition under the FLSA, the employee remained eligible for unemployment benefits. In Madison, we held that “an employee who was dischar…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Uniweld Prods., Inc. v. Indus. Relations Comm'n, 277 So. 2d 827 (Fla. 4th DCA 1973)
- Williams v. Fla. Indus. Comm'n & Mun. Auto Sales, Inc., 135 So. 2d 435 (Fla. 3d DCA 1961)