JANET O. SLUSHER, PETITIONER,
v.
STATE OF FLORIDA, DEPARTMENT OF COMMERCE, RESPONDENT
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Petitioner, a school teacher, voluntarily quit her job to relocate with her husband to Virginia and sought unemployment compensation benefits. The court affirmed the denial of benefits, holding that while her personal reason for leaving was understandable, it was not "good cause attributable to the employer" as required by Florida law.
The court held that petitioner's voluntary resignation was without good cause attributable to the employer. Although the personal reason for leaving (preserving her marriage) may be considered a good personal reason, it cannot be attributed to the employer and therefore does not satisfy the statutory requirement for benefits eligibility.
[1] A voluntary departure from employment to relocate with a spouse, while a valid personal reason, does not constitute good cause attributable to the employer for purposes o…
[2] An employee is disqualified from receiving unemployment compensation benefits when they voluntarily leave employment without good cause attributable to their employer, as…
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Join FLexlaw to unlock all legal intelligence“Although the claimant's reason for leaving may be considered a good personal reason, it cannot be considered attributable to the employer.”
Establishes the core legal principle that personal motivations, however reasonable, do not satisfy the statutory requirement of good cause attributable to the employer.
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Join FLexlaw to unlock all legal intelligenceJanet Slusher was employed as a school teacher in Lakeland, Florida. She voluntarily resigned her position to relocate to Virginia where her husband h…
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BOYER, Judge.
Petitioner Slusher seeks review of a determination that she is ineligible for unemployment compensation benefits. Petitioner was employed as a school teacher in Lakeland, Florida. She voluntarily quit her employment to relocate with her husband in Virginia where he had secured employment. She filed a claim for unemployment compensation which was denied on the basis of F.S. 443.06 which provides that a former employee shall be disqualified for benefits if the employee voluntarily left employment “without good cause attributable to his employer”.
Petitioner does not deny that she left her employment in order to be with her husband but urges that her decision to do so was for the preservation of her “American home way of life which is the basic foundation of this nation” and further argues that “no reasonable or sane person would abrogate the responsibility of a lawful marriage to satisfy a mere whim or fancy that leaving their place of employment was without good cause attributable to the employer.”
We certainly agree with the proposition that it is desirable to preserve marriages and keep families together. However, we must also agree with the statement of the appeals referee wherein he stated:
“Although the claimant’s reason for leaving may be considered a good personal reason, it cannot be considered attributable to the employer. Accordingly, it can only be considered that the claimant voluntarily left her employment without good cause attributable to her employer.”
The Petition for Writ of Certiorari is denied and the determination of denial of unemployment compensation is
AFFIRMED.
McCORD, C. J., and MELVIN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Dep't OF the AIR Force v. State, 486 So. 2d 632 (Fla. 1st DCA 1986)…The precise question presented concerning the proper construction of the subject statute has apparently never been decided by a Florida court. However, at least two decisions are instructive. In Slusher v. State of Florida, Department of Commerce, 354 So. 2d 450 (Fla. 1st DCA 1978), the claimant, a Lakeland school teacher, sought unemployment compensation benefits after quitting her employment to relocate with her husband in Virginia where he had secured employment. This court, in affirming the administrati…
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Narbona v. Fla. Unemployment Appeals Comm'n & Garrison Protective Servs. of Fla., Inc., 851 So. 2d 226 (Fla. 3d DCA 2003)…ested a six-month leave of absence and was informed that reemploy [*227] ment would be dependent on position availability; employee voluntarily left employment and did not have a position upon her return) (quoting Slusher v. State Dep’t of Commerce, 354 So. 2d 450, 451 (Fla. 1st DCA 1978) (“Although the claimant’s reason for leaving may be considered a good personal reason, it cannot be considered attributable to the employer.”)). See also Kacsir v. State Unemployment Appeals Comm’n, 456 So. 2d 528 (Fla. 3d D…
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Orquidia Martinez v. PAN Am. Hosp. & Dep't of Labor & Emp. Sec., 409 So. 2d 1173 (Fla. 3d DCA 1982)…806 (Fla.3d DCA 1979); Uniweld Products, Inc. v. Industrial Relations Commission, 277 So. 2d 827 (Fla. 4th DCA 1973). Compare Mueller v. Harry Lee Motors, 334 So. 2d 67 (Fla.3d DCA 1976). See also Slusher v. State of Florida, Department of Commerce, 354 So. 2d 450 (Fla. 1st DCA 1978).…
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