CopyCited 26 times | Published | Florida 3rd District Court of Appeal
...d that, therefore, Hines was "disqualified from receiving benefits." The Unemployment Appeals Commission affirmed the decision of the Appeals Referee finding that it was "in accord with the essential requirements of law." This appeal followed. Under section 443.101, Florida Statutes (1983), an individual is disqualified for unemployment compensation benefits if he has been discharged "for misconduct connected with his work, if so found by the division." The sole issue presented is whether Hines'...
...he disregarded that warning amounts to misconduct under the facts of the present case. Furthermore, Hines' belligerent refusal to comply with the foreman's legitimate work order is in itself sufficient to constitute misconduct within the purview of section 443.101....
...The foreman's order on June 16, 1983 that Hines assist the feeder operator, and sweep and clean the floor, therefore, was a valid work order given by Hines' superior. Hines' "flagrant and intentional" refusal to comply with that order amounted to misconduct connected with his work within the meaning of section 443.101....
CopyCited 21 times | Published | Florida 1st District Court of Appeal | 1991 WL 231784
...ely as a result of that test. Following a hearing, unemployment compensation benefits were denied to appellant by order of the appeals referee, based on a finding of misconduct, which was subsequently affirmed by the Unemployment Appeals Commission. Section 443.101(1)(a), Florida Statutes (1989), provides that an individual shall be disqualified from receiving unemployment compensation benefits if the Division of Unemployment Compensation finds that the employee has been discharged by the employer for misconduct connected with his work....
CopyCited 21 times | Published | Florida 5th District Court of Appeal | 6 I.E.R. Cas. (BNA) 176, 1991 Fla. App. LEXIS 129, 1991 WL 1090
...and thus affirmed the denial of benefits. After review, the decision of the appeals referee was affirmed. This appeal followed. The unemployment compensation law provides that no benefits may be received if an employee is discharged for misconduct. § 443.101(1)(a), Fla....
CopyCited 20 times | Published | Supreme Court of Florida | 2000 WL 565102
...r [if] the individual has been discharged by his or her employing unit for misconduct connected with his or her work, if so found by the division. The term "work," as used in this paragraph, means any work, whether fulltime, part-time, or temporary. § 443.101, Fla....
...The Precipitating Act The gist of the referee's ruling is that a worker can be disqualified from benefits based on a prior record of misconduct, even if the conduct that precipitated the discharge was authorized. This rule violates the plain language and broad purpose of chapter 443. Section 443.101(1) expressly states that disqualification is justified if the worker is "discharged ......
...for the Commission to disqualify him. I would quash Mason v. Load King Manufacturing Co.,
715 So.2d 279 (Fla. 1st DCA 1998). [16] ANSTEAD and PARIENTE, JJ., concur. NOTES [1] An employee can be disqualified from receiving compensation benefits under section
443.101, Florida Statutes (1995), if it is found that the employee was terminated for misconduct as defined in section
443.036(26), Florida Statutes (1995)....
CopyCited 20 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 27
...ligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. [2] Under section 443.101, Florida Statutes (1983), an individual is disqualified for unemployment compensation benefits when his discharge has been brought about by "misconduct connected with his work."
CopyCited 20 times | Published | Florida 4th District Court of Appeal | 1995 WL 15517
...t of unemployment benefits. We reverse. The issue on appeal is whether the appeals referee correctly determined that Bulkan's conduct amounted to misconduct connected with work so as to disqualify him from receiving unemployment benefits pursuant to section 443.101, Florida Statutes (1993), which provides: An individual shall be disqualified for benefits: (1)(a) For the week in which he has voluntarily left his work without good cause attributable to his employing unit or in which he has been di...
CopyCited 18 times | Published | Supreme Court of Florida | 15 Fla. L. Weekly Supp. 435, 1990 Fla. LEXIS 1102, 1990 WL 130211
...That decision was affirmed by the Unemployment Appeals Commission. The First District Court of Appeal noted that the issue to be decided was whether Washington had voluntarily left his teaching position without good cause attributable to his employer under section 443.101, Florida Statutes (1987)....
...The Unemployment Compensation Law disqualifies a person who is no longer employed from collecting benefits under only two circumstances. One of these is when the claimant "has been discharged by his employing unit for misconduct connected with his work." § 443.101(1)(a), Fla....
...f the employer's interests or of the employee's duties and obligations to his employer. The other circumstance mandating disqualification occurs when the claimant "has voluntarily left his employment without good cause attributable to his employer." § 443.101(1)(a)....
...There is no meaningful difference between an employee who unavoidably finds that he or she cannot meet a known condition of employment and one who is discharged for simply failing to measure up to the requirements of the job. Contrary to the school board's argument, the legislative history of section 443.101(1)(a) does not support its position....
CopyCited 17 times | Published | Florida 4th District Court of Appeal | 2004 WL 32674
...employer, the law permits an "illness or disability of the individual requiring separation from his [or her] work" to be a good cause for voluntarily leaving a job. See Lewis v. Lakeland Health Care Ctr., Inc.,
685 So.2d 876, 879 (Fla. 2d DCA 1996); §
443.101(1)(a)(1), Fla....
CopyCited 17 times | Published | Florida 3rd District Court of Appeal | 1996 Fla. App. LEXIS 222, 1996 WL 13984
...efits. Nelson v. Burdines, Inc.,
611 So.2d 1329, 1331 n. 1 (Fla. 3d DCA 1993); Benitez v. Girlfriday, Inc.,
609 So.2d 665 (Fla. 3d DCA 1992). An employee may be denied benefits if the employer discharged him for "misconduct connected with his work." §
443.101(1), Fla.Stat....
CopyCited 17 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 2045
...It, therefore, reversed the decision of the appeals referee on the ground that Ms. Verner "voluntarily left her employment because she was dissatisfied with the conditions at work." *911 Here, the question before the referee was whether Ms. Verner voluntarily resigned her position at the newspaper. Section 443.101(1), Florida Statutes (1983), disqualifies claimants from receiving unemployment benefits for voluntarily leaving their employment without good cause attributable to the employer....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal | 1996 WL 637253
...Under the applicable statute, Ms. Lewis needed to establish only that she was "unemployed." §
443.091(1)(e), Fla.Stat. (1995). Before she had the additional obligation to prove "good *877 cause," Lakeland Health was required to establish that Ms. Lewis "left" or "quit." §
443.101, Fla.Stat....
...Since the employer did not allege or prove misconduct, Ms. Lewis would be entitled to benefits if she was discharged. On the other hand, if she voluntarily quit her job, she would be required to prove that she left for "good cause attributable to [her] employing unit." See § 443.101(1)(a), Fla.Stat....
...The referee focused on the issue of good cause "attributable to the employing unit." Even though an illness is not factually attributable to one's employer, the law permits an "illness or disability of the individual requiring separation from his [or her] work" to be a good cause for voluntarily leaving a job. See § 443.101(1)(a)(1), Fla....
CopyCited 14 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1629
...The sole basis for the denial of benefits was the referee's legal conclusion that, based on the facts as he found them, the claimant Davis had been discharged by her employer for misconduct connected with her work, thereby disentitling her to such benefits under Section 443.101(1)(a), Florida Statutes (1983)....
...Accepting fully the findings of fact made by the appeals referee, we conclude that such facts do not, as a matter of law, constitute "misconduct" as defined by Section
443.036(24), Florida Statutes (1983), and consequently cannot disentitle her to unemployment compensation benefits under Section
443.101(1)(a), Florida Statutes (1983)....
...It is settled that an employee's exercise of bad judgment, causing an otherwise proper employment dismissal, does not, without more, constitute "misconduct" within the meaning of Section
443.036(24), Florida Statutes (1983), and therefore cannot preclude the payment of unemployment compensation benefits under Section
443.101(1)(a), Florida Statutes (1983)....
CopyCited 13 times | Published | Florida 1st District Court of Appeal | 1997 WL 352904
...But certain restrictions apply, even when unemployment is involuntary. Webb v. Rice,
693 So.2d 1109 (Fla. 3d DCA 1997). A claimant is not entitled to unemployment compensation benefits if the employer discharges the claimant for misconduct connected with work. §
443.101(1)(a), Fla....
...Gilbert left her job voluntarily. This distinguishes her case from Hall v. Florida Unemployment Appeals Commission,
697 So.2d 541 (Fla. 1st DCA 1997). Issue was joined below on whether the Department of Corrections "discharged [her] ... for misconduct connected with h[er] work." §
443.101(1)(a), Fla.Stat....
...ment compensation benefits. In a slightly different (although closely related) context, the Unemployment Compensation Law defines "good cause" for leaving a job to include "illness or disability of the individual requiring separation from his work." § 443.101(1)(a)1., Fla.Stat....
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 1998 WL 2446
...rally must be liberally construed in favor of claimants. §
443.031, Fla. Stat. (1995). In this regard, an employee is disqualified from unemployment benefits only if she has voluntarily left her work without good cause attributable to her employer. §
443.101(1)(a), Fla....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal
...that he had been fired, was a reasonable one which an average person would have made under like circumstances. Accordingly, we reverse the decision of the Unemployment Appeals Commission. REVERSED. GRIMES, A.C.J., and OTT, J., concur. NOTES [1] See § 443.101(1), Fla....
CopyCited 12 times | Published | Florida 1st District Court of Appeal
...nefits. Goldstein v. Ury Kalai, M.D., P.A.,
480 So.2d 695 (Fla. 4th DCA 1985). An employee is disqualified from receiving benefits if he has been "discharged by his employing unit for misconduct connected with his work, if so found by the division." §
443.101(1)(a), Fla....
...duct contemplated by section
443.036(24). See Armstrong v. Unemployment Appeals Commission,
427 So.2d 357 (Fla. 5th DCA 1983) (employee's actions justifying termination may not amount to misconduct under the statute). Furthermore, the requirement in section
443.101 that the employee is disqualified only if the division itself finds that the employee was discharged for misconduct connected with work obviously contemplates a determination of misconduct independent of the employer's decision to terminate the employee for that reason....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 1995 WL 302293
...The referee also noted, however, that the employer had an unwritten policy which required the authorization of management before giving such discounts. The appeals referee ruled that the employer did not prove by a preponderance of the evidence that Fiedler was guilty of misconduct connected with work pursuant to section 443.101(1), Florida Statutes....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 1992 WL 57864
...Florida's Unemployment Compensation Law mandates that when an employee *101 voluntarily leaves employment "without good cause attributable to his employing unit," he is not eligible to receive financial assistance through the state unemployment reserves. § 443.101(1)(a), Fla. Stat. (1989). "Good cause," as used in section 443.101(1)(a), comprises not only conduct attributable to an employer, but also an employee's "illness or disability." Although Dean herself was not ill or disabled, she departed temporarily under circumstances known by her employer to constitute a "family emergency." See Langley v....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 1997 WL 115315
...Grossman's denial of unemployment benefits was subsequently affirmed by the Unemployment Appeals Commission. An employee may be denied benefits under Florida's unemployment compensation laws where discharge is based upon employee misconduct connected with work. § 443.101(1), Fla.Stat....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal
...On appeal by Sears, the Unemployment Appeals Commission affirmed the conclusion of the appeals referee. Sears then appealed to this court. The issue is whether Sears established that Ganey was discharged for misconduct connected with his work. If so, Ganey would be disqualified for benefits under section 443.101, Florida Statutes (1983)....
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 2002 WL 1768986
..... The claimant's discharge, therefore, was for misconduct connected with work within the meaning of the law." An employee who is discharged for misconduct connected with his or her work is not eligible to receive unemployment compensation benefits. § 443.101, Fla....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 1998 WL 171472
...Generally, a claimant who has voluntarily left work without good cause will be disqualified from receiving unemployment benefits; however, if the employee leaves for "good cause" attributable to the employing unit, she will not be disqualified from receiving benefits. § 443.101, Fla....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21536703
...During the probation Yost made thirty-five late contacts with clients. Yost's superiors discharged him. The referee determined that Yost was discharged for misconduct connected with his work, and therefore was ineligible for unemployment compensation benefits under section 443.101(1)(a), Florida Statutes (2001)....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 1994 WL 28842
...mployer, and she is disqualified from the receipt of benefits. The law is clear that an employee who voluntarily leaves her employment without good cause attributable to her employer is not eligible to receive unemployment compensation benefits. See § 443.101(1)(a), Fla....
...Brown did not return to Jacobs and Goodman, P.A., and applied for unemployment benefits while she searched for employment elsewhere. Brown should not be disqualified from unemployment compensation benefits if she voluntarily left employment with good cause attributable to her employer. Section 443.101(1)(a); Krueger v....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 1997 WL 268349
...[1] The Commission concluded that this behavior as a whole amounted to misconduct disqualifying claimant from entitlement of benefits. Claimant appealed. A claimant is not entitled to unemployment compensation benefits if the employer discharges the claimant for misconduct connected with work. § 443.101(1)(a), Fla.Stat....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 9773, 2002 WL 1482620
...SHARP, W., J. Brown appeals from an order of the Unemployment Appeals Commission which affirmed the decision of the appeals referee that Brown was disqualified from receiving Unemployment benefits because she voluntarily left her employment without good cause. § 443.101(1)(a)(1), Fla....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 1993 WL 5680
...or consists of illness or disability of the individual requiring separation; or was discharged for misconduct connected with work and, if appropriate, the number of weeks the claimant is disqualified from receipt of benefits as provided in Sections
443.101(1) and
443.036(26), Florida Statutes, and Florida Administrative Code Rule 38B-2.017. CHARGES TO EMPLOYER'S EMPLOYMENT RECORD: Whether the benefit payments made to claimant shall be charged to the employment record of the employer as provided in Section
443.101(9) and
443.131(3)(a), Florida Statutes, and Florida Administrative Code Rule 38B-2.006....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 1995 WL 68746
...ent benefits. Nelson v. Burdines, Inc.,
611 So.2d 1329, 1331 n. 1 (Fla. 3d DCA 1993); Benitez v. Girlfriday, Inc.,
609 So.2d 665 (Fla. 3d DCA 1992). Miller may be denied benefits if the Bank discharged her for "misconduct connected with [her] work." §
443.101(1), Fla....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 2266
...Wright applied to the Florida Department of Labor and Employment Security, Division of Unemployment Compensation (the Division) for unemployment benefits she claimed entitlement to as a result of her termination by Western Union. The Division denied her claim for benefits, finding that she was disqualified pursuant to section 443.101, Florida Statutes (1985), because she voluntarily left her job at Mitsui without good cause....
...cording to the Division's own findings, represented only .621 percent of her yearly income. Neese v. Sizzler Family Steak House,
404 So.2d 371 (Fla. 2d DCA 1981) (interpreting former section 443.06, Florida Statute (1979), subsequently renumbered to section
443.101), review denied,
412 So.2d 471 (Fla....
...oyer. Neese,
404 So.2d at 372; cf. Massey v. Unemployment Appeals Comm'n,
478 So.2d 1140 (Fla. 1st DCA 1985) (applying the same reasoning where a claimant turned down part-time employment after she had been terminated from a full-time job). Instead, section
443.101 should be applied on a job-by-job basis....
...Yet the statute interpreted in Neese has been re-adopted without change three times since Neese was decided. See State ex rel. Quigley v. Quigley,
463 So.2d 224 (Fla. 1985). I find the administrative denial of benefits to Mrs. Wright to be utterly lawless. NOTES [1] Section
443.101 provides in pertinent part: 1....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1990 WL 88091
...The employer, General Asphalt Company, Inc., appeals an order of the unemployment appeals commission reversing the appeals referee's conclusion that the claimant was disqualified from receiving benefits because he was discharged from employment for misconduct connected with his work [1] as provided in Section 443.101(1)(a), Florida *804 Statutes (1989)....
...ecurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. §
443.036(26), Fla. Stat. (1989). [2] Section
443.101(1)(a), Florida Statutes (1989), disqualifies workers who are discharged because of their misconduct from receiving benefits.
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1999 WL 2523
...Since Eulo resigned only because of the continuing harassment and verbal abusea situation she attempted to rectifythe referee concluded that Eulo voluntarily left her employment for good cause attributable to her employer and was thus entitled to benefits under section 443.101(1)(a)1., Florida Statutes (1997)....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 2003 WL 21976382
...An individual discharged from employment for conduct deliberately, or culpably negligently, antithetical to an employer's interests is not entitled to unemployment benefits. See Glenn v. Unemployment Appeals Comm'n,
731 So.2d 868, 869 (Fla. 1st DCA 1999); see also §
443.101(1)(a), Fla....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...id "employment authorized" permits, which INS revoked or sought to revoke after appellants filed claims for unemployment benefits. Ten of the appellants were found to be disqualified for unemployment compensation benefits by the Division pursuant to section 443.101(7), Florida Statutes (1985), [1] because they were not lawfully admitted for permanent residence or were not otherwise residing in the United States under color of law as required by the statute....
...permanently residing in the United States under color of law." Those aliens who are lawfully present in the United States as a result of the application of sections 203(a)(7) or 212(d)(5) ( i.e., parolees and conditional entrants) are permanently residing in this country under color of law as provided in section 443.101(7), Florida Statutes (1985) because their residency is with government knowledge and approval and is "permanent" until changed by other official INS action....
...of Florida denying their claims for benefits must be affirmed. As to the remaining five appellants whose work authorizations have not been affirmatively revoked by INS, [4] the State contends that they are ineligible for unemployment benefits under section 443.101(7), Florida Statutes (1985) because they are not permanently residing in the United States "under color of law." The argument is made that these five appellants cannot rely on the line of cases which hold that an alien resides in the...
...59 given alien identification cards and authorizations to work, by or with the approval of INS, and thus are "otherwise ... permanently residing in the United States under color of law" as the phrase is defined by Florida law. The quoted phrase from section 443.101(7), Florida Statutes (1985) instructs that the State, and not INS, is to make the eligibility determination for the purpose of state unemployment benefits....
...that the government may not, and that they may, prevail. Since they have not yet been granted the required hearing, it inevitably follows that they are residing in the United States "under color of [the] law" which grants them that right. NOTES [1] Section 443.101(7) provides in part: An individual shall be disqualified for benefits: * * * * * * (7) If the division finds that the individual is an alien, unless such alien is an individual who has been lawfully admitted for permanent residence or...
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...V In view of our conclusion that Mr. Caluwe was not fired for proper cause and is thus entitled to reinstatement and back pay, we necessarily find that he did not engage in "misconduct connected with his work" which would disqualify him for unemployment benefits under section 443.101, Florida Statutes (1983)....
CopyCited 7 times | Published | Supreme Court of Florida | 1991 WL 78550
...In deciding the instant case the district court relied on its decision in Alfred v. Florida Department of Labor & Employment Security,
487 So.2d 355 (Fla. 3d DCA 1986). Alfred considered the eligibility of *148 Haitians for unemployment benefits under subsection
443.101(7), Florida Statutes (1985), which includes the same PRUCOL language [2] as subsection 409.026(1)....
...provided that each such applicant or recipient is a resident of this state and is a citizen of the United States or is an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law. [2] § 443.101(7), Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1983 Fla. App. LEXIS 19620
...leaving was not voluntary. The Unemployment Appeals Commission affirmed the decision that Mr. Jackson was qualified for benefits but modified the legal conclusion of the referee by basing the qualification on lack of misconduct connected with work. Section 443.101(1)(a), Florida Statutes (1981), disqualifies an individual for unemployment benefits (1) when he voluntarily leaves his employment without good cause attributable to his employer, or (2) if he has been discharged by his employer for misconduct connected with his work....
...In this case, Mr. Jackson's continued absence from work was the operative factor in his termination by the employer. Continued absenteeism caused by personal problems for which an employee bears culpability amounts to misconduct per se for purposes of section 443.101(1)(a)....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1997 Fla. App. LEXIS 8239, 1997 WL 404973
...Lusby had never "been caught dozing off on other occasions." Here, as in Gilbert v. Department of Corrections,
696 So.2d 416, 418 (Fla. 1st DCA 1997), "[i]ssue was joined below on whether the [employer] `discharged [Mr. Lusby] ... for misconduct connected with his work.' §
443.101(1)(a), Fla....
...is court is required to affirm. The question whether an employee has been discharged for misconduct connected with his work is a matter to be determined by the Division of Unemployment Compensation of the Department of Labor and Employment Security. § 443.101, Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1998 WL 97730
...Moore, Unemployment Appeals Commission, Tallahassee, for Appellee Unemployment Appeals Commission. PER CURIAM. An appeals referee of the Unemployment Compensation Appeals Bureau determined that the employer, Scotty's Inc., failed to prove it discharged Mr. Berry for "misconduct connected with his work." § 443.101(1)(a), Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2543
...ce to "persons unemployed through no fault of their own." Section 443.021, Florida Statutes (1985). To effectuate this purpose the statute disqualifies workers who voluntarily leave their employment without good cause attributable to their employer. Section 443.101(1)(a), Florida Statutes (1985)....
...However, considering the statutory limitation on the authority of this court to review administrative findings contained in Section
120.68(10), Florida Statutes (1985), and the fact that the agency's decision is supported by competent substantial evidence, we uphold the Commission's ruling. It must be kept in mind that Section
443.101(1)(a) only protects workers of employers who wrongfully cause their employees to "voluntarily" leave their employment....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 12084, 2002 WL 1939981
...t the claimant left work with good cause attributable to the employer within the meaning of the law. An employee who voluntarily leaves work without good cause attributable to his or her employer is disqualified from receiving unemployment benefits. § 443.101(1)(a), Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
..., was immaterial; the issue was whether his failure to meet his job requirements was due to good cause attributable to his employer. See also Coolaire Nordick International Corp. v. Florida Department of Commerce,
356 So.2d 1317 (Fla. 4th DCA 1978). Section
443.101(1)(a), Florida Statutes (1981), provides that an individual shall be disqualified for benefits when "he has voluntarily left his employment without good cause attributable to his employer or has been discharged by his employing unit for misconduct connected with his work......
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1965
...th her work and, if otherwise eligible, is qualified to receive benefits on this claim. The employer's experience rating account should not be relieved of charges in connection with this claim. In applying his findings of fact to the applicable law, section 443.101(1)(a), Florida *270 Statutes (1985), [1] the hearing officer correctly concluded that Castle's conduct could not be classified as misconduct so as to disqualify her from receiving benefits. However, the hearing officer apparently overlooked the fact that Castle had to satisfy another requirement to become qualified. The statute requires that she must not have left voluntarily without good cause attributable to [her] employer. § 443.101(1)(a), Fla....
...Because we find no actions of appellant gave employee Castle good cause to voluntarily leave her employment (within the meaning of the statute), we must reverse the UAC's decision that Castle is qualified to receive benefits chargeable to appellant. Reversed. SCHEB and HALL, JJ., concur. NOTES [1] Section 443.101(1)(a), Florida Statutes (1985), provides: 443.101 Disqualification for benefits....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 10347, 1996 WL 562435
...in prison. She argues she did not willfully or wantonly disregard her employer's interest because she was not attempting to mislead her employer. I would affirm the UAC's determination that Johnson committed misconduct in completing the application. Section 443.101(1)(a)2., Florida Statutes (1995), disqualifies from unemployment benefits those persons who have been discharged due to misconduct connected with their employment....
...There is no doubt that falsifying an employment application is misconduct, a basis for termination, and disqualifies a worker from benefits. See Signal Applied Technologies, Inc. v. Finley,
519 So.2d 64 (Fla. 5th DCA 1988); Ordnance Research, Inc. v. Sterling,
475 So.2d 954 (Fla. 1st DCA 1985); §
443.101(1)(a), Fla. Stat. (1995). Further, although not invoked in this case, section
443.101(9)(b), Florida Statutes reads: If the division or the Unemployment Appeals Commission finds that the individual was terminated from work for any dishonest act in connection with his work, the individual shall not be entitled to unempl...
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 759
...oyed by the same employer, Mrs. Roberts' resignation to follow her husband to his next duty station, although perhaps a good cause for her resignation, is a cause personal to her and not a "cause attributable to [her] employer" within the meaning of Section 443.101, Florida Statutes (1983); and (3) that the commission's decision, as applied, contravenes the Supremacy Clause, Article VI, Section 2, of the United States Constitution....
...ernative but to resign, held that she had "good cause attributable to her employer" for leaving the job. In reversing the Board's ruling, the Second District described some of the pertinent legislative history of Section 443.06(1), the forerunner of Section 443.101(1), Florida Statutes (1983): Prior to 1963, Section 443.06(1), Florida Statutes (1961), provided that a claimant for unemployment compensation who had voluntarily terminated his or her employment without "good cause" was not eligible for benefits....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1992 WL 153919
...e) failing to lock the safe in the rear of the armored car. Thereafter, Rubido was discharged. Rubido filed the instant claim for unemployment benefits. The claim was initially denied by a claims examiner and the claimant filed a timely appeal. See § 443.101(1)(a) 2., Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2004 WL 126369
...Furthermore, this court cannot overturn a UAC decision unless the record lacks competent, substantial evidence to support the action. Id. An employee terminated for misconduct connected to his work is not entitled to unemployment compensation benefits. § 443.101(1)(a), Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2007 WL 162148
...herself with no assistance from any coworkers. [4] She received benefits after she lost her job at FBC to which she was legally entitled only if FBC discharged her or if she had good cause under the unemployment compensation statute in leaving. See § 443.101(2), Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1994 WL 685609
...The claims adjudicator denied the benefits, and Georgia filed an appeal with the Florida Department of Labor and Employment Security. The issue before the appeals referee was whether Georgia voluntarily left employment with good cause attributable to the employing unit under section 443.101, Florida Statutes (Supp....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 2758, 1987 Fla. App. LEXIS 11401, 1987 WL 2295
...ertinent part, as follows. The issue before the Commission is whether the claimant voluntarily left employment without good cause attributable to the employer or was discharged by the employer for misconduct connected with work within the meaning of section 443.101(1), Florida Statutes....
...elf of an accessible avenue by which he might have retained his employment. Under those circumstances, it must be concluded that the claimant voluntarily relinquished his position without good cause attributable to the employer within the meaning of section 443.101(1)(a), Florida Statutes....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1993 WL 538200
...Eckerd, however, appealed that decision and the cause was heard by an unemployment appeals referee. The appeals referee reversed the original claim determination, because he found that appellant voluntarily terminated his employment without good cause attributable to Eckerd. See § 443.101(1)(a), Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 11 I.E.R. Cas. (BNA) 623
...duct" sufficient to disentitle her from receiving unemployment compensation benefits. *346 The Commission reversed the "misconduct" finding of the referee because it could only be sustained if appellants were entitled to the statutory presumption of section 443.101(11) to establish Anderson used drugs, and in this case, appellants failed to do so....
...ed at another qualified laboratory. She explained she could not afford to pay for a retest so she hired a lawyer instead. The issue in this case is whether appellants established at the hearing that they were entitled to the statutory presumption of section 443.101(11)....
...tutory presumption is a available in this case. An employee may be terminated for misconduct after only one positive drug test result; multiple positive results are not necessary. Ford v. Southeast Atlantic Corp.,
588 So.2d 1039 (Fla. 1st DCA 1991). Section
443.101(11) provides: If an individual is discharged from employment for drug use as evidenced by a positive, confirmed drug test as provided in paragraph (1)(d), or is rejected for offered employment because of a positive, confirmed drug tes...
...440.102(9), or as provided by equivalent or more stringent licensing requirements established by federal law or regulation may perform such tests. The only evidence presented at the hearing to establish appellants' entitlement to rely on the statutory presumption of section 443.101(11) was Mitchell's testimony....
...ificate) not proffered or submitted, but Mitchell failed to testify that such a certificate was in existence and issued to Buena Vista. Thus, we agree with the Commission's conclusion that appellants failed to establish the certification required by section 443.101(11)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1989 WL 90482
...of Alcoholic Beverages & Tobacco,
475 So.2d 1277 (Fla. 1st DCA 1985). We hold that the employer's failure to intercede in the dispute between appellant and a coemployee on the date in question was sufficient, under the circumstances found by the appeals referee, to meet the good cause standard of section
443.101, Florida Statutes (1987), and avoid loss of entitlement to unemployment compensation benefits....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1996 WL 168914
..., apparently rejecting the testimony of the Fleet employee which had been offered by letter and the fact that she took Smith's statements seriously enough to report them to his employer, found that Smith's conduct did not constitute misconduct under section 443.101, Florida Statutes (1993)....
...By this termination, Scholastic was taking the only reasonable action available to protect its' assets and reputation. It is ironic that taking this protective action led to Scholastic being punished. Under any other standard of review, the result would have been different. NOTES [1] Section 443.101(1)(a) of Florida's unemployment compensation law provides that unemployment compensation benefits may not be paid if an employee is discharged for "misconduct." See § 443.101, Fla.Stat....
...negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. [2] §§
443.101,
443.036(26), Fla.Stat....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...as possible. The testimony indicated that his position had been held open for approximately two weeks after Parker's arrest. Parker applied for unemployment compensation benefits which were denied on October 27, 1982, by an "adjudicator" pursuant to Section 443.101(1)(a)1, Florida Statutes....
...is employment and his reason for doing so was not for a good cause which was attributable to the employer. Subsequently, the UAC affirmed the decision of the appeals referee and this appeal ensued pursuant to Section
443.151(4)(c), Florida Statutes. Section
443.101(1)(a), Florida Statutes (1981), provides that an individual shall be disqualified for benefits when "he has voluntarily left his employment without good cause attributable to his employer or has been discharged by his employing unit for misconduct connected with his work......
...There will undoubtedly be circumstances where an employee's pre-trial incarceration may reach the point where he ought to be considered as having abandoned his employment. However, as long as the statutory disqualifying criteria are couched in the terms as set forth in Section 443.101(1)(a), supra, it would be at best a strained interpretation of the statute to find that a person in Parker's circumstances had reached that point....
...ion should be affirmed. See General Telephone Co. of Florida v. Board of Review,
356 So.2d 1357 (Fla. 2nd DCA 1978). Appellee suggests that the record supports statutory disqualification of benefits on the ground of "misconduct connected with work." Section
443.101(1)(a), supra....
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...This is an appeal by the employer from an order of the Unemployment Appeals Commission (UAC) reversing a finding by the appeals referee that the employee, Shirley A. Dempsey was discharged for misconduct [1] connected with her work and was therefore not entitled to benefits. § 443.101(a), Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...The Commission reversed the decision of the referee, who had affirmed the determination of the claims examiner that the claimant was disqualified from benefits because of having voluntarily left her employment without good cause attributable to the employer. See § 443.101(1), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...*741 The standards of review are well known, being statutorily provided and often treated in appellate decisions, and so will not be repeated. The legal misconduct which was attributed to Vazquez was recited in the Referee's Report and is found in Section 443.101(1)(c), Florida Statutes (1981)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2007 WL 1459846
...entional and substantial disregard of an employer's interests or of the employee's duties and obligations to the employer. §
440.02(18), Fla. Stat. (2004). These provisions parallel similar provisions in the Unemployment Compensation Law, including section
443.101(1)(a), Florida Statutes (2004), which provides: An individual shall be disqualified for benefits: (1)(a) For the week in which ....
...Compare Ash,
872 So.2d at 402 ("`[T]he conduct complained of was, at most, an isolated incident of poor judgment that did not rise to a level of `misconduct,' as the claimant was not acting willfully, wantonly, or in substantial disregard of the employer's interest. See §§
443.036(29),
443.101, Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1995 Fla. App. LEXIS 2070, 1995 WL 84478
...She had simply reported costs associated with the various products. Rosmond was fired for insubordination after she refused to fill out the change order. *235 The Unemployment Compensation Law provides that no benefits may be received if an employee is discharged for misconduct connected with his/her work. § 443.101(1)(a), Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1997 Fla. App. LEXIS 6957, 1997 WL 336588
...work. Brooks appealed the referee's decision to the UAC. The UAC affirmed the ruling. This appeal followed. Workers who are discharged for misconduct connected with their work are disqualified from receiving unemployment compensation benefits under section 443.101(1)(a)2, Florida Statutes (1995)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2006 WL 1888591
...A claimant who voluntarily leaves his or her employment is disqualified from receiving unemployment compensation benefits unless he or she leaves due to "good cause" that is attributable to the employer or that consists of illness or disability requiring separation from work. § 443.101(1)(a), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1995 Fla. App. LEXIS 50, 1995 WL 1646
...A claimant who has voluntarily left work without good cause will be disqualified from receiving unemployment benefits. But if the employee leaves for "good cause" attributable to the employing unit, the employee will not be disqualified from receiving benefits. See § 443.101, Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1983 Fla. App. LEXIS 18765
...Blessing of the Unemployment Appeals Com'n, Tallahassee, for appellee. PER CURIAM. Appellant appeals from an order of the Unemployment Appeals Commission which denied him unemployment compensation benefits based on a finding that he had been discharged for misconduct. We affirm. Section 443.101(1)(a), Florida Statutes (1981), provides that no unemployment benefits may be received if an employee is discharged for misconduct....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1994 WL 9546
...Appellant seeks review of an order of the Florida Unemployment Appeals Commission affirming the termination of her unemployment compensation benefits on the ground that she had "voluntarily left h[er] work without good cause attributable to h[er] employing unit." § 443.101(1)(a), Fla....
...he had been terminated. (Appellant could not continue to work at the first part-time job because the hours conflicted with those of the second.) The decision of the appeals referee, which was affirmed by the Commission, was based upon application of section 443.101(1)(a), Florida Statutes (Supp....
...The appeals referee concluded that, because appellant had not left her first part-time job for "good cause attributable to h[er] employing unit," she was disqualified from receiving unemployment compensation benefits. We conclude that, on the facts of this case, section 443.101(1)(a) has no application. It seems relatively clear to us that, given the facts of this case, the "work" referred to in section 443.101(1)(a) would be the full-time job from which appellant was terminated because of lack of work, not the part-time job which she later accepted in an effort to mitigate *74 her misfortune....
...ob, the appellant quit her part-time job and moved to another city in search of full-time employment. As in this case, the Commission affirmed the termination of the appellant's benefits based upon the conclusion that, in violation of the version of section 443.101(1)(a) then in effect, the appellant "`ha[d] voluntarily left h[er] employment without good cause attributable to h[er] employer.'" Id....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1994 Fla. App. LEXIS 614, 1994 WL 28840
...We think this record supports the hearing officer's finding that no individual should be required to work around rodents or rodent droppings against their will. An individual is disqualified for unemployment benefits only if he has voluntarily left his work without good cause attributable to his employing unit. Section 443.101(1)(a), Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1995 Fla. App. LEXIS 13180, 1995 WL 755125
...employment, she quit her part-time job with Gibson. Alderman filed a claim for unemployment compensation benefits, but her claim was denied for the reason that she had voluntarily left Gibson without good cause. The issue before us is whether, under section 443.101(1)(a), Florida Statutes (Supp....
...Faulk Investments, Inc.,
621 So.2d 713 (Fla. 2d DCA 1993). The UAC suggests that reliance upon case law such as Neese is improper because the legislature's recent amendment to chapter 443 was a direct response to Neese and its progeny. In this regard, the UAC cites to *1162 section
443.101 of the statute which was amended by adding the following definition of the term "work": An individual shall be disqualified from benefits: (1)(a) For the week in which he has voluntarily left his work without good cause attributable to his employing unit for misconduct connected with his work, if so found by the division. The term "work" as used in this paragraph, means any work, whether full-time, part-time, or temporary. §
443.101(1)(a), Fla....
...lement to receive those benefits would be forfeited if the worker subsequently quit a part-time job without good cause attributable to the employer. We find this argument unpersuasive because we detect no indication that the above cited amendment to section 443.101 was enacted in response to Neese....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1993 WL 496057
...ing the company's sick leave policy. The evidence showed she had a continuing problem with arm pain that resulted in surgery. We hold that she committed one good faith error in judgment, which does not disqualify her from unemployment benefits under section 443.101(1)(a), Florida Statutes (1991)....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1995 Fla. App. LEXIS 9017, 1995 WL 502087
...We conclude that Foote's three-day absence from his job as a maintenance worker for a legitimate family emergency does not constitute misconduct. We reverse. The unemployment compensation law provides that no benefits may be received if an employee is discharged for misconduct connected with his work. § 443.101(1)(a), Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1993 WL 125109
...z personally. We conclude that this finding is not supported by the evidence. Although the appeals referee applied "misconduct" under section
443.036(26)(a), Florida Statutes (1991), [2] we conclude that the proper statute to apply to these facts is section
443.101(1)(a), Florida Statutes (1991)....
...or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. [3] Section 443.101(1)(a), Florida Statutes (1991) provides: 443.101 Disqualification for benefits....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 19 Fla. L. Weekly Fed. D 1869
...It is settled that an employee's exercise of bad judgment, causing an otherwise proper employment dismissal, does not, without more, constitute "misconduct" within the meaning of Section
443.036(24), Florida Statutes (1983)[ [3] ], and therefore cannot preclude the payment of unemployment compensation benefits under Section
443.101(1)(a), Florida Statutes (1983)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1991 WL 174418
...Finding the decision of the appeals referee in accord with the essential requirements of law, the Commission affirmed. The first issue concerns the nature of misconduct which will disqualify one from entitlement to unemployment compensation benefits. Under the provisions of section 443.101(1)(a), Florida Statutes (1989), An individual shall be disqualified for benefits: (1)(a) For the week in which he has voluntarily left his work without good cause attributable to his employing unit or in which he has been discharged b...
...e agency, in accordance with certain statutorily enumerated grounds, an employee is disqualified from receiving benefits only if his discharge has been "for misconduct connected with his work, if so found by the division. " (Emphasis *498 supplied.) § 443.101(1)(a), Fla....
...(1989); English,
534 So.2d at 729. Thus, contrary to the Authority's contention, the statute requires a nexus between the alleged misconduct and the termination of employment, if a discharged employee is to be disqualified from receipt of unemployment compensation benefits. §
443.101(1)(a), Fla. Stat. (1989). Moreover, the section
443.101(1)(a) provision that disqualification will occur for discharge due to "misconduct connected with ......
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 20 Educ. L. Rep. 1039
...The appellant appeals an order of the Unemployment Appeals Commission, finding that the appellant/claimant voluntarily left employment without good cause attributable to the employer, and was therefore disqualified for unemployment benefits as provided for under Section 443.101(1)(a), Florida Statutes (1981)....
...Based on the evidence before him, the appeals referee determined that the record showed that the claimant was discharged for reasons other than misconduct connected with his work and he was therefore not barred from receiving benefits under the provisions of section 443.101(1)(b)....
...s resignation before the school board and had failed to do so. Accordingly, the Commission directed the referee to determine whether the claimant voluntarily left his employment without good cause attributable to his employer under the provisions of section 443.101(1)(a)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...ed by Mr. Sharkey when she returned to town after the slow season. The unemployment compensation appeals referee found that Mrs. Nofrio had not taken a legitimate leave of absence and, therefore, was not entitled to unemployment benefits pursuant to section 443.101, Florida Statutes (1981)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1268
...ea of no contest to the charge of battery constituted sufficient evidence in and of itself to establish "misconduct connected with her work." We believe the Commission erred in interpreting the applicable law and that its decision requires reversal. Section 443.101(1), Florida Statutes (1983), disqualifies an individual for benefits when the individual is discharged from employment for misconduct in connection with work. Section 443.101(9)(a), Florida Statutes (1983), provides disqualification for benefits if the individual was terminated for violation of a criminal law in connection with his employment and "the individual ......
...ivil litigation); Chesebrough (plea of nolo contendere may not be used in civil suit as admission of facts charged in complaint). See also §
90.410, Fla. Stat. (1983). Accordingly, a no contest plea does not establish misconduct in employment under section
443.101(1) or violation of a criminal law under section
443.101(9)(a)....
...Because the actions for which claimant's termination is based cannot be characterized as anything other than a work-related violation of a criminal law, I respectfully dissent. In my view there was indeed sufficient proof to support a finding of such violation [1] and that the elements of section
443.101(9)(a), Florida Statutes (1983), have been met. I interpret the UAC order to meet the requirements of sections
443.101(1), (9)(a) and
443.151(4)(c), Florida Statutes (1983). [2] As the UAC order noted: The issue before the Commission is whether the claimant was discharged by the employer for misconduct connected with work as provided in section
443.101(1), Florida Statutes....
...rida Administrative Code Rule 38E-3.05 by claimant's employer was properly received by the UAC and furnished an abundant basis for UAC's conclusion that claimant's actions amounted to "misconduct connected with work," pursuant to the requirements of section 443.101(1), Florida Statutes (1983)....
...[3] Contrary to the majority's assertion that a plea of no contest represents only an unwillingness to contest a charge, such a plea has a definite consequence. [4] On the basis of the evidence of a no contest plea, UAC properly found that the elements of section 443.101(9)(a) Florida Statutes (1983), were satisfied....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1998 Fla. App. LEXIS 6521, 1998 WL 288227
...Following her discharge, Crosby applied for unemployment compensation benefits. The claim adjuster initially determined that Crosby was entitled to receive benefits because she was "discharge[d] ... for reason[s] other than misconduct connected with work." See § 443.101, Fla....
...Crosby appeals this ruling, contending that the UAC's determination that she was discharged for misconduct is clearly erroneous. We agree. Employees who are discharged for misconduct connected with their work are not eligible to receive unemployment compensation benefits pursuant to section 443.101, Florida Statutes (Supp.1996)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1567
...option of a Career Service Commission appeal of the dismissal or a grievance proceeding under his union's contract, English chose the latter; the dismissal was affirmed. English thereafter applied for unemployment compensation benefits. Pursuant to Section 443.101, Florida Statutes (1985), a claimant for such benefits shall be disqualified from receiving them for the week in which he was discharged for "misconduct *1199 connected with his work" and for a certain number of weeks thereafter....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...basis in the law to support the findings and conclusions of the appeals referee, adopted by the Unemployment Appeals Commission, that the claimant voluntarily left his employment without good cause attributable to the employer within the meaning of Section 443.101(1), Florida Statutes (1983)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1994 WL 390766
...night. The appellant again filed for unemployment compensation with the Florida Department of Labor and Employment Security, Division of Unemployment Compensation (the Division). The Division denied benefits, finding he was disqualified pursuant to section 443.101, Florida Statutes (1993), because he voluntarily quit his part time job without good cause attributable to Bern's....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2006 WL 335515
...onnel. When the claimant refused to sign the warning, he was immediately terminated. The appeals referee denied the claimant unemployment benefits based on a determination that the claimant was properly discharged for misconduct connected with work. § 443.101(1)(a)(2), Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1995 Fla. App. LEXIS 1187, 1995 WL 51119
...Barnett Bank of Tallahassee,
377 So.2d 1150 (Fla. 1979). The referee found that Wolfson left her employment in order to assist her daughter in Chicago, and not for "good cause attributable to his employing unit." [1] Accordingly we affirm. AFFIRMED. GOSHORN and DIAMANTIS, JJ., concur. NOTES [1] §
443.101(1)(a), Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1994 WL 26362
...emand with instructions to immediately reinstate Coelho's entitlement to the remainder of her unemployment benefits without any reduction in benefits due to Coelho's voluntary termination of her part-time employment. Reversed and remanded. NOTES [1] Section 443.101(1)(a) provides in pertinent part: 1....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2001 WL 1614141
...Florida Unemployment Appeals Comm'n,
765 So.2d 889 (Fla. 3d DCA 2000); Pascarelli v. Unemployment Appeals Comm'n,
664 So.2d 1089 (Fla. 5th DCA 1995). In determining whether the claimant's actions constituted misconduct connected with work pursuant to section
443.101, Florida Statutes (2001), the statute should be liberally construed in favor of the claimant....
...At worst, the claimant's refusal to perform *457 the assigned task was an isolated exercise of poor judgment, not misconduct. See Bulkan v. Florida Unemployment Appeals Comm'n,
648 So.2d 846 (Fla. 4th DCA 1995)(holding that poor judgment does not constitute misconduct under section
443.101, Florida Statute); McKinney v....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1994 WL 700677
...Because the record does not support this decision, we reverse. The question of whether an employee has been discharged for misconduct connected with his work is a matter to be determined by the Division of Unemployment Compensation of the Department of Labor and Employment Security. § 443.101, Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 36 Educ. L. Rep. 1284
...Florida Department of Labor & Employment Security,
405 So.2d 1020 (Fla. 3d DCA 1981), petition for review denied,
412 So.2d 468 (Fla. 1982); and Fowler v. City of Hollywood,
450 So.2d 866 (Fla. 4th DCA 1984). Under the "Unemployment Compensation Law," Section
443.101(1)(a), Florida Statutes, an individual is disqualified from receiving benefits if she voluntarily left her employment without good cause attributable to her employer....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...being absent from work without notice to her employer on two consecutive days (fail days) in violation of employer's personnel rules. A claims examiner determined that Campbell was disqualified from entitlement to unemployment benefits by reason of Section 443.101(1)(a), Florida Statutes (1983), which provides that "[a]n individual shall be disqualified for benefits: ......
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 3765, 1991 WL 61801
...The claimant is disqualified for the week ended February 17, 1990, plus five weeks and until she becomes reemployed and earns $2,652. The experience rating account of the employer (0186687) is relieved of charges in connection with this claim. [Emphasis in original]. Section 443.101(1)(a), Florida Statutes (1989) provides that no benefits may be received if an employee is discharged for misconduct....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...Maher, Tallahassee, for appellee-Unemployment Appeals Commission. GLICKSTEIN, Judge. This is an appeal from an order of the Unemployment Appeals Commission which concluded appellant was properly discharged for misconduct connected with work as provided in Section 443.101(1), Florida Statutes (1983). We agree with the Commission's conclusion and affirm. Of the two issues raised by appellant we feel that one warrants discussion; namely, whether there was competent substantial evidence of "misconduct connected with his work" described in Section 443.101(1)(a), Florida Statutes (1983)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1995 WL 170286
...s discharged. On the basis of these factual findings, the appeals referee concluded that the claimant should be disqualified from receiving unemployment benefits because she was properly discharged from employment for misconduct connected with work. § 443.101(1)(a)(2), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1989 WL 102524
...tion Law. As discussed earlier, this is not a case in which Ms. Krueger was disqualified due to misconduct. Thus, she could have been disqualified only if she had "voluntarily left [her] employment without good cause attributable to [her] employer." § 443.101(1)(a), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1992 WL 240630
...Appellee asserts that as a salaried employee, Madison was not entitled to overtime wages, and thus, his refusal to complete an assigned task constituted misconduct. An employee is disqualified from receiving unemployment benefits if he has been "discharged by his employing unit for misconduct connected with his work." Section 443.101(1)(a), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...Chapter 443, Florida Statutes, known as the Unemployment Compensation Law, provides benefits for persons unemployed through no fault of their own. Thus, workers who voluntarily leave their employment are not entitled to benefits unless such separation was for good cause. § 443.101(1), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...from May 4, 1983, the date of his resignation, to July 12, 1983, the date of a company merger. On appeal, Kacsir asserts that he quit his job for good cause: the company substantially reduced his pay and misrepresented the duration of his position. § 443.101(1)(a), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1997 WL 614325
...nce which justifies the denial of unemployment compensation benefits. [5] Accordingly, I dissent. NOTES [1] An employee is not entitled to unemployment compensation benefits if the employer discharges the employee for misconduct connected with work. § 443.101(1)(a), Florida Statutes (1995)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 15890, 2004 WL 2397189
...ertinent Laws to the facts of the case." This appeal follows. An individual is not entitled to unemployment compensation if the individual, inter alia, "has been discharged by his or her employing unit for misconduct connected with his or her work." § 443.101(1)(a), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2002 WL 31662389
...However, Smith was discharged later that day, even though she *250 was not again found to be wearing the gloves. The appeals referee concluded that the employer did not prove by a preponderance of substantial, competent evidence that Smith was guilty of misconduct connected with work pursuant to section 443.101(1), Florida Statutes (2001)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1629293
...table to her employer. We reverse. This case has an odd history. After Sienkiewicz and her employer, Intrepid Powerboats, parted ways, the claims examiner found she was not qualified to receive unemployment benefits because she had quit her job. See § 443.101(1)(a), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1989 WL 57837
...During that time, he sat for and failed the Florida Teacher's Examination three times. Because he had not passed the examination and could not obtain another temporary certificate, the school board terminated his employment. The referee, interpreting Section 443.101, Florida Statutes (1987), determined that because the claimant had not engaged in any misconduct connected with his work, he was not disqualified for unemployment compensation benefits. Section 443.101, in relevant part, provides: Disqualification for benefits....
...It is indisputable that claimant engaged in no misconduct. The single issue presented on appeal is whether, by operation of certain case law to be discussed below, the claimant "voluntarily left his employment without good cause attributable to his employer." § 443.101, Fla....
...employee's fault ... was immaterial; the issue was whether [her] ... failure to meet [her] ... job requirements was due to good cause attributable to [her] ... employer." Id. at 334. Contrary to Youth Fund, we do not agree with this construction of section 443.101, because, when an employee makes a good faith effort to meet employment conditions, but fails to do so, an essentially different issue is presented than when an employee fails to make a reasonable effort to comply in the former cas...
...to the Florida Supreme Court. *290 For these reasons, the decision awarding compensation is affirmed. WENTWORTH, J., concurs. BOOTH, J., dissents. BOOTH, Judge, dissenting. Claimant should be disqualified for unemployment compensation benefits under Section 443.101, Florida Statutes, since passing the Florida Teachers Examination was a known requirement for his continued employment as a teacher, and the School Board was required to terminate his employment when he failed to obtain the necessary certificate. Section 443.101(1)(a), Florida Statutes, provides that a claimant is disqualified from receiving unemployment benefits where he voluntarily leaves his employment without good cause attributable to his employer....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1999 WL 174063
...s. Philemy was discharged for misconduct connected with work. For the reasons which follow, we reverse. Florida law provides that a person can be denied unemployment benefits where discharge is based upon employee misconduct connected with work. See § 443.101(1)(a), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1999 WL 371361
...h of contract action, however, is not controlling here. See Tourte v. Oriole of Naples, Inc.,
696 So.2d 1283 (Fla. 2d DCA 1997). An employee is entitled to unemployment benefits when he leaves his job for good cause attributable to his employer. See §
443.101(1)(a), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1997 WL 352433
...Claimant's husband, whom she has since divorced, abused her physically and mentally, and repeatedly threatened her life and the safety of the children at the school where claimant was employed. Claimant initially argues that she should not be disqualified from receiving benefits under section 443.101, Florida Statutes (1995), because she did not voluntarily leave her employment....
...Contrary to the above cases, there has been no suggestion in the instant case that the employer had any control over the danger posed by claimant's ex-husband. Consequently, we find the above cases distinguishable. Finally, we reject the family-emergency contention. This position is rooted in section 443.101(1)(a)1, which defines "good cause" as only such cause as is attributable to the employing unit or which consists of illness *544 or disability of the individual requiring separation from his [or her] work....
...The family emergency cases are moreover distinguishable on the ground that the claimants involved in those cases had all been discharged, unlike Ms. Hall, who left her employment, if not completely of her own volition, then nevertheless without "cause... attributable to the employing unit." § 443.101(1)(a)1, Fla....
...See §§ 443.021 & .031, Fla. Stat. (1995). We freely acknowledge that these are the announced policies of our state, but, as the Unemployment Appeals Commission explains, such policies cannot override the clearly expressed intention of the legislature, as set forth in section 443.101(1)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 8923, 2010 WL 2472274
...unit.... At the time the claimant made the choice to resign part time work, it was to accept work elsewhere, which is not good cause for quitting within the meaning of the law .... it has long been established that the disqualification provisions of Section 443.101(1), Florida Statutes ......
...trued." Davidson v. AAA Cooper Transp.,
852 So.2d 398, 401 (Fla. 3d DCA 2003) (citation omitted). Further, the statute focuses on providing benefits to a claimant who is "unemployed through no fault of his or her own." §
443.031, Fla. Stat. (2008). Section
443.101(1)(a), Florida Statutes (2008), specifies that an individual is disqualified from receiving benefits if he or she voluntarily leaves employment without good cause attributable to his or her employer....
...Disqualification for voluntarily quitting continues for the full period of unemployment next ensuing after he or she has left his or her full-time, part-time, or temporary work voluntarily without good cause and until the individual has earned income equal to or in excess of 17 times his or her weekly benefit amount. § 443.101(1)(a), Fla....
...It does not specifically address the circumstances of this case, where Appellant voluntarily left one-part time job for a full-time job and was never completely unemployed. See id. In a similar case, we reversed a claimant's disqualification from unemployment compensation benefits based on the inapplicability of section
443.101(1)(a). Doig v. Fla. Unemployment Appeals Comm'n,
862 So.2d 76, 78-79 (Fla. 1st DCA 2003). Appellant, relying on Doig v. Florida Unemployment Appeals Commission, argues that the Commission misapplied section
443.101(1)(a)....
...nd, therefore, was overpaid in unemployment benefits. Doig,
862 So.2d at 77. The UAC affirmed. Id. at 76. On appeal, this Court concluded that because the claimant merely left one part-time position for another and was "never completely unemployed," section
443.101(1)(a) did not apply and, as a result, the claimant was improperly disqualified from unemployment benefits....
...ber 30, 2008, for a full-time position that commenced on December 1, 2008. Because Appellant left his part-time job for a full-time job, rather than leaving the part-time position and becoming completely unemployed, the disqualification provision in section 443.101(1)(a) does not apply to this case....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 5 Educ. L. Rep. 1325
...July 20, 1982. *750 Gene T. Sellers, Tallahassee, for appellant. James R. Parks and Richard S. Cortese, Tallahassee, for appellees. OWEN, WILLIAM C., Jr. The Unemployment Appeals Commission construed the "refusal of suitable work" disqualification provisions of section 443.101(2), Florida Statutes (Supp....
...The Commission reversed and awarded unemployment benefits, its order, excluding formal parts, stating only the following: The record discloses that the employment relationship was not severed at the time the offer of work was proffered. This fact precludes imposition of a disqualification pursuant to Section 443.101(2), Florida Statutes, since the intendment of that statutory provision is to disqualify only those claimants who refuse an offer of suitable work without good cause while they are unemployed....
...is unemployed. The Commission has admittedly not promulgated rules on this matter under the rule making procedures of Section
120.54, Florida Statutes. We need not be concerned, however, with the question of whether the Commission's construction of Section
443.101(2), Florida Statutes that it does not countenance the imposition of a disqualification on the basis of a claimant's refusal of proffered employment while still gainfully employed amounts to an agency policy statement of general applicability which would require adoption as a rule....
...For this reason alone the order must be reversed. We also conclude that as it relates to the unique and specific facts of this case, the Commission's interpretation of the disqualification statute is erroneous. Assuming, without deciding, that in enacting Section 443.101(2), Florida Statutes, the Legislature intended that a prerequisite to disqualification was a work offer made while unemployed, it seems evident that the law-makers did not contemplate a situation such as existed in this case....
...ble work, in order for the offer and refusal to trigger the disqualification provisions of the statute. The award of unemployment compensation is reversed. MILLS and WENTWORTH, JJ., concur. NOTES [1] The statute, in pertinent part, reads as follows: 443.101 Disqualification for benefits....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 1550, 1986 Fla. App. LEXIS 8783
...oner of the Florida Unemployment Appeals Commission in this case that these acts of carelessness do not constitute misconduct as defined by Section
443.036(24), Florida Statutes (1985), so as to disentitle the claimant to unemployment benefits under Section
443.101(1)(a), Florida Statutes (1985)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1996 WL 691393
...full-time employment. Neese has been followed by this court and other district courts of appeal and is the seminal case on the point. The UAC on this appeal claims that the legislature changed the 1981 Neese rule in 1994 when it added a sentence to section 443.101(1)(a), Florida Statutes (1993)....
...his employing unit or in which he has been discharged by his employing unit for misconduct connected with his work, if so found by the division. The term "work," as used in this paragraph, means any work, whether full-time, part-time, or temporary. § 443.101(1)(a), Fla....
...The sentence added by the legislature in 1994 is underlined. In Alderman v. Unemployment Appeals Commission,
664 So.2d 1160 (Fla. 5th DCA 1995), the court specifically considered the argument which the UAC makes in this case, that the 1994 amendment to section
443.101(1)(a) was a direct response to Neese and its progeny and requires a different result....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1992 Fla. App. LEXIS 13132, 1992 WL 389047
...she was abusive or profane or that she had *108 been warned that she could not complain in the presence of coworkers. The unemployment compensation law provides that unemployment benefits may not be paid if an employee is discharged for misconduct. § 443.101(1)(a), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1993 WL 538150
...sponsibilities. Nevertheless, the referee determined that appellant was ineligible for unemployment compensation benefits because he had terminated his employment with Barnett Bank voluntarily and without good cause attributable to Barnett Bank. See § 443.101(1)(a), Fla....
...[2] We hold that the unemployment appeals commission erred as a matter of law when it affirmed the referee's determination. We therefore reverse and remand with directions that appellant be awarded unemployment compensation benefits. See Herman; Vajda. ANSTEAD and STONE, JJ., concur. NOTES [1] We note that section 443.101(2)(a) provides that "[i]n determining whether or not any work is suitable for an individual, the division shall consider the degree of risk involved to his health, safety, and morals; his physical fitness and prior training; his exper...
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2000 WL 1114534
...of Corrections,
696 So.2d 416 (Fla. 1st DCA 1997). If an employer claims misconduct as the basis for terminating an employee, the employee will still be eligible for unemployment compensation if the employee separated from his or her employer with good cause. See §
443.101(1)(a)1, Fla. Stat. (1999); Livingston v. Tucker Construction & Engineering, Inc.,
656 So.2d 499 (Fla. 2nd DCA 1995). In addition, Section
443.101(1)(a)1 states: "`good cause' ......
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1189714
...ployment compensation benefits. We affirm. The appeals referee concluded Ms. Cuebas was disqualified from receiving benefits because she voluntarily left her employment without good cause attributable to her employer. On appeal the UAC affirmed. See § 443.101(1)(a), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22149150
...loyer's policies and, by initially refusing to wait, he showed that he would continue to disregard the employer's directions. An employee terminated for misconduct connected with his or her work is not entitled to unemployment compensation benefits. § 443.101(1)(a), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2004 WL 2346142
...If the employer meets this burden, then the employee must present evidence to prove that he or she left the employment for good cause attributable to the employer. Id. A claimant who leaves his or her employment voluntarily without good cause is disqualified from receiving unemployment benefits. See § 443.101(1)(a), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1998 Fla. App. LEXIS 14051, 1998 WL 601247
...r being terminated from a previous full-time position. We reverse. The Commission acknowledges cases which have held leaving a part-time position should not affect rights to compensation for losing another full-time position. [1] But it reasons that section 443.101(1)(a) was amended to change that result....
...ON MOTION FOR CERTIFICATION AS QUESTION OF GREAT PUBLIC IMPORTANCE W. SHARP, Judge. Appellee Unemployment Appeals Commission moves this court for certification of a question decided by this court's opinion as *740 one of great public importance. [1] The issue in this case was the proper interpretation of section 443.101(1)(a)....
...OOD CAUSE; TO WIT, DISQUALIFICATION FOR THE WEEK IN WHICH HE OR SHE QUIT; AND FOR THE FULL PERIOD OF UNEMPLOYMENT NEXT ENSURING; AND UNTIL HE OR SHE HAS EARNED INCOME EQUAL TO OR IN EXCESS OF 17 TIMES HIS OR HER WEEKLY BENEFIT AMOUNT, AS PROVIDED IN SECTION 443.101(1)(a), FLORIDA STATUTES....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1998 WL 770650
...Walter P. Ryals, pro se. John D. Maher, Tallahassee, for Appellee Unemployment Appeals Commission. PER CURIAM. Walter P. Ryals appeals the Unemployment Appeals Commission's (UAC) order denying his unemployment compensation benefits. We affirm. *846 Under section 443.101(1)(a), Florida Statutes (1997), claimants are disqualified from receiving unemployment compensation benefits when they leave employment voluntarily, without good cause attributable to the employer....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1996 WL 668434
...ess or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. Section 443.101(1)(a), Florida Statutes (1995), provides that an individual shall be disqualified from benefits upon a discharge by his employer for misconduct connected with his work....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1994 WL 637288
...English,
534 So.2d 726 (Fla. 1st DCA 1988). An employee is disqualified from receiving unemployment compensation benefits if, among other things, he has been "discharged by his employing unit for misconduct connected with his work, if so found by the division." §
443.101(1)(a), Fla....
...nsation. As this court has observed: The fact that an employee is discharged for misconduct in the employer's opinion does not necessarily demonstrate the existence of misconduct contemplated by section [443.036(26)]. Furthermore, the requirement of section 443.101 that the employee is disqualified only if the division itself finds that the employee was discharged for misconduct connected with work obviously contemplates a determination of misconduct independent of the employer's decision to terminate the employee for that reason....
...As a result, the hearsay report, could not have constituted sufficient competent, substantial evidence for a finding of "misconduct" and a denial of benefits under Chapter 443. The conclusion of the appeals referee, approved by the Commission, that Roman was not discharged for "misconduct" under section 443.101(1)(a) is supported by the foregoing principles of law and by competent, substantial evidence....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 2541
...hereafter, and until she earns 17 times her weekly benefit amount. After a hearing, an appeals referee affirmed the claims adjudicator's decision. The Unemployment Appeals Commission affirmed the appeals referee's decision, and this appeal followed. Section 443.101, Florida Statutes (1983), provides in part: Disqualification for benefits....
...to accept suitable work, ... and until such individual has become reemployed and has earned wages equal to or in excess of 17 times his weekly benefit amount. Massey argues her desire to keep her appointment at the claims office was good cause within the meaning of Section 443.101(2), Florida Statutes (1983)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2003 WL 22668846
...An individual shall not be disqualified under this subsection for voluntarily leaving temporary work to return immediately when called to work by the permanent employing unit that temporarily terminated his or her work within the previous 6 calendar months. § 443.101, Fla....
...The referee determined that the claimant voluntarily left her first part-time job without good cause attributable to her employer and concluded that she was disqualified from receiving benefits. See id. The UAC affirmed. See id. On appeal, this court concluded that section 443.101(1)(a) did not apply on these facts: It seems relatively clear to us that, given the facts of this case, the "work" referred to in section 443.101(1)(a) would be the full-time job from which appellant was terminated because of lack of work, not the part-time job which she later accepted in an effort to mitigate her misfortune....
...Id. at 74. The court also relied on reasoning in another case involving part-time employment, Neese v. Sizzler Family Steak House,
404 So.2d 371 (Fla. 2d DCA 1981), but the holding in that case has since apparently been superseded by an amendment to section
443.101(1)(a)....
...See Rochussen,
795 So.2d at 1076; Groudas,
793 So.2d at 984. The claimant here, like the claimant in Stewart, merely left one part-time job for another and was never completely unemployed; indeed, his jobs actually overlapped for two days. In this regard, as in Stewart, section
443.101(1)(a) does not apply, as indicated above....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1997 WL 269172
...to recent heavy rain. Turnberry discharged Easton for unauthorized consumption of company beverages. The denial of Easton's claim for unemployment benefits was affirmed by the Unemployment Appeals Commission. An employee may be denied benefits under section 443.101(1), Florida Statutes (1995), for misconduct connected with work....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1982 U.S. App. LEXIS 19222, 94 Lab. Cas. (CCH) 13, 595
HENDERSON, Circuit Judge: Florida Statutes § 443.101(1) and (2) provide that a claimant for unemployment compensation is disqualified for benefits if, “without good cause,” he voluntarily leaves his employment or fails to apply for or accept suitable employment....
...the other two issues because of inadequate briefing.
504 F.Supp. 530 . Because we find each ground for relief to be without merit, we need not consider whether the latter holding was correct. *516 The appellants first maintain that Florida Statutes §
443.101(1) and (2) as implemented by Florida Administrative Code Rule 8B-2.16 and interpreted by the Florida Supreme Court, is preempted by the National Labor Relations Act, 29 U.S.C....
...The decision of the district court is accordingly REVERSED and REMANDED as to Reiser with directions to dismiss for want of subject matter jurisdiction. As to the other appellants the judgment of the district court is AFFIRMED. 1 . Florida Statutes § 443.101(1) and (2), formerly § 443.06(1) and (2), provide: An individual shall be disqualified for benefits: (1) For the week in which he has voluntarily left his employment without good cause attributable to his employer .......
...v. Haworth,
300 U.S. 227 ,
57 S.Ct. 461 ,
81 L.Ed. 617 (1937). 4 . The Unemployment Appeals Commission applies the “suitable work” rules, see supra note 2, to determine whether an employee has left his employment “without good cause” under §
443.101(1), although the regulation expressly deals with cases arising under subsection (2)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2005 WL 713131
...discharged him for insubordination and refusal to cooperate with the investigation. The appeals referee denied the claimant unemployment benefits based on a determination that the claimant was properly discharged for misconduct connected with work. § 443.101(1)(a)(2), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2004 WL 590389
...A hearing referee agreed, determining that Cooksey-James' conduct constituted misconduct under the definition set forth in section
443.036(29), Florida Statutes (2001). The referee therefore reversed the award of benefits. Cooksey-James appealed to the UAC, which affirmed over a well-reasoned dissent. Section
443.101(1)(a) provides that an individual is "disqualified for [unemployment] benefits" if "discharged ......
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1988 WL 2622
...be entitled to benefits for leaving a job voluntarily. An unemployment compensation claimant who voluntarily resigns bears the burden of proving he is qualified to receive benefits because he left his job for good cause attributable to his employer. § 443.101, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1999 WL 371364
...This is an appeal from an order of the Unemployment Appeals Commission affirming the denial of unemployment benefits to the appellant, America M. Novas. The commission affirmed the appeal referee's legal conclusion that Novas was disqualified from receiving such benefits pursuant to section 443.101, Florida Statutes (1997), because she had been discharged from St....
...ttributable to the school. An employee who voluntarily leaves work without good cause attributable to the employer or who is discharged by the employer for misconduct connected with work will be disqualified from receiving unemployment benefits. See § 443.101, Fla....
...ur conclusion. Novas voluntarily terminated her employment and was permitted to leave on her own terms. Indeed, we think that any misconduct occurring after her voluntary notice of termination was wholly irrelevant to the analysis of this case under section 443.101. Thus, because Novas voluntarily terminated her employment without good cause attributable to her employer, she is disqualified from receiving unemployment benefits under section 443.101....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1997 Fla. App. LEXIS 7878, 1997 WL 385786
...On appeal, the Commission concluded that Folden's abandonment of the floor was sufficient to establish egregious misconduct, thus disqualifying her from benefits. The unemployment compensation law provides that no benefits may be received if an employee is discharged for misconduct connected with his work. § 443.101(1)(a), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2000 WL 36298
...ce in the record. (Citations omitted). Hence, the referee's finding that King's employer never informed him that his leave had been approved is entitled to great deference. See Heifetz v. Dep't of Bus. Regulation,
475 So.2d 1277 (Fla. 1st DCA 1985). Section
443.101(1)(a), Florida Statutes (1999), provides that a claimant who has voluntarily left work without good cause shall be disqualified from receiving benefits. The statute defines "good cause" as "only such cause as is attributable to the employing unit or which consists of illness or disability of the individual requiring separation from his or her work." §
443.101(1)(a)1., Fla....
...2d DCA 1998) (reversing denial of benefits where claimant left work on an approved disability leave). The record supports the referee's determination that King "voluntarily left his ... work without good cause attributable to his ... employing unit." § 443.101(1)(a), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2001 WL 98554
...*985 Groudas also contends that, even if she did voluntarily leave her part-time employment without good cause, that fact does not and/or should not operate to totally disqualify her from benefits with respect to her original claim against her previous full-time employer, the moving company. Section 443.101(1)(a)(1), Florida Statutes (1999), howevera recently amended provision of Florida's unemployment compensation law, see Ch....
...Unemployment Appeals Comm'n,
664 So.2d 1160 (Fla. 5th DCA 1995); Tierney v. Unemployment Appeals Comm'n,
640 So.2d 154 (Fla. 2d DCA 1994); Stewart v. Dollar Tree,
635 So.2d 73 (Fla. 1st DCA 1994); Coelho v. Balasky,
631 So.2d 335 (Fla. 3d DCA 1994), the 1999 amendment to section
443.101(1)(a)(1)which became effective July 1, 1999was expressly enacted to overrule the foregoing case law and its progeny, see Fla. H.R. Comm. on Business Development & International Trade, Analysis of House Bill 109 (upon which the 1999 amendment to section
443.101(1)(a)(1) was based)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 16 Fla. L. Weekly 573
...We have not overlooked the opposite holding of this court in Williams v. Florida Industrial Commission,
135 So.2d 435 (Fla. 3d DCA 1961). However, we find that holding is not applicable to the instant case, because subsequent to Williams, supra, Section 448.06, Florida Statutes (1961), renumbered Section
443.101(1)(a) by Chapter 80-95, Laws of Florida, was amended, providing that "an individual shall be disqualified for benefits for the week in which he has voluntarily left his work without good cause attributable to his employing unit." The words "attributable to the employing unit" were added....
...This court in Williams, supra, was simply not confronted with interpreting the statement as it reads today. We agree with the First District Court, which said in Slusher v. State Department of Commerce, supra , when confronted with the present version of Section 443.101(1)(a), Florida Statutes (1961): "Although the claimant's reason for leaving may be considered a good personal reason, it cannot be considered attributable to the employer....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1997 WL 63672
...rder denying him unemployment benefits. We affirm because the UAC correctly affirmed the referee's ruling that Corman is not entitled *964 to unemployment benefits because he voluntarily left work without good cause attributable to his employer. See § 443.101(1)(a), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1237
...National Convenience Store,
404 So.2d 380 (Fla. 1st DCA 1981). Although the result we reach may appear harsh when considered against the backdrop of the foregoing decisions, we cannot within the present factual setting follow either authority in the face of section
443.101, Florida Statutes, which predicates the award of benefits upon voluntary separation from employment for "good cause." We are unable to extract good cause from the intensity of Smalls' religious conviction and we find no basis for disturbing the determinations reached by the Unemployment Appeals Commission....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1992 WL 367331
...Hart-Hanks. Unemployment benefits were denied. Vajda has appealed and we now reverse. *646 Under the Unemployment Compensation Law, "good cause" for leaving a job includes "illness or disability of the individual requiring separation from his work." § 443.101(1)(a)(1), Fla....
...meaning of the unemployment compensation statute. Garcia analyzed that part of the statute which now requires disqualification of the employee for benefits where the employee "left his work without good cause attributable to his employing unit... ." § 443.101(1)(a), Fla....
...The same statutory provision goes on to say that "`good cause' as used in this subsection shall include only such good cause as is attributable to the employing unit or which consists of illness or disability of the individual requiring separation from his work." § 443.101(1)(a)(1), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 11292, 27 Fla. L. Weekly Fed. D 1826
...We next determine whether Kelly was wrongly denied benefits in light of the findings made by the Referee. An employee is disqualified from unemployment benefits only if he or she has voluntarily left work without good cause attributable to the employer. See § 443.101(1)(a), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 11433, 2010 WL 3056607
...Atcitty v. Unemployment Appeals Comm'n,
907 So.2d 1223, 1224 (Fla. 5th DCA 2005). However, this Court can overturn a legal conclusion of the Commission that is clearly erroneous. See Ford v. Se. Atl. Corp.,
588 So.2d 1039, 1040 (Fla. 1st DCA 1991). Under section
443.101(1)(a), Florida Statutes (2009), an employee is disqualified from receiving unemployment compensation if his discharge resulted from "misconduct connected with his or her work." Section
443.036(29), Florida Statutes (2009), defines "misconduct" for purposes of determining whether a claimant is disqualified from receiving benefits under section
443.101(1)(a)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1982 Fla. App. LEXIS 20773
...The order of the Unemployment Appeals Commission, upholding the decision of the appeals referee which denied unemployment benefits to appellant, is affirmed. There is substantial competent evidence to support the referee's finding that appellant was discharged for misconduct as defined in section 443.101, Florida Statutes (1981)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1998 Fla. App. LEXIS 11008, 1998 WL 543271
...Davis appeals from an order of the Unemployment Appeals Commission ("UAC") denying her unemployment compensation benefits. The UAC concluded that Davis was properly discharged from Home *1158 Depot for misconduct connected with work, thus making her ineligible for benefits. § 443.101(1), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 13 Fla. L. Weekly 868, 1988 Fla. App. LEXIS 1344, 1988 WL 28298
...hen his work permit was officially withdrawn. He appealed an initial determination denying him benefits. The appeals referee found him to be disqualified because he had voluntarily quit his employment without good cause attributable to his employer. § 443.101(1)(a), Fla. Stat. (1985). The UAC affirmed that decision, and this appeal followed. At issue is the correct reading of section 443.101(1)(a), Florida Statutes, which states that an individual shall be disqualified for benefits: "For the week in which he has voluntarily left his employment without good cause attributable to his employer......
...In opposition, the UAC, while conceding that Adain did not voluntarily leave his job, claims that he is nevertheless ineligible for benefits because his departure was not the result of any action on the part of his employer as required by the statute. Appellant would have us read section 443.101(1)(a) in such a way as to totally ignore the language "without good cause attributable to the employer" if we find that Adain did not leave his job voluntarily. However, basing our decision on the unambiguous legislative history of this statute, as well as on a number of cases which have applied its terms, we are required to hold that section 443.101(1)(a) disqualifies Adain from receiving unemployment compensation....
...yment." Florida Sheriffs Youth Fund,
436 So.2d at 334. If such was the case, then the second part of the test is applied: Did he become unable to meet the conditions of employment due to some act of the employer? Id. Having parsed out the meaning of section
443.101(1)(a), we can now apply the facts of this case to the statute....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 5058, 2005 WL 840106
...from receiving benefits. The UAC affirmed the appeals referee's decision. An individual is not entitled to unemployment compensation if the individual "has been discharged by his or her employing unit for misconduct connected with his or her work." § 443.101(1)(a), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1998 WL 667462
...Nancy Sekinger appeals the denial of her claim for unemployment benefits. The appeals referee found that Sekinger is not entitled to unemployment benefits because she voluntarily left her employment without good cause attributable to the employer. See § 443.101, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1104551
...ropose a statutory amendment to ease implementation of the rule announced in Neese, that did not occur. Instead, in 1994, someone submitted a bill attempting to overrule Neese. See H.B. 2447, 13th Leg., Reg. Sess. (Fla.1994). Prior to the amendment, section 443.101(1)(a), Florida Statutes (1993), stated: Disqualification for benefits.An individual shall be disqualified for benefits: (1)(a) For the week in which he has voluntarily left his work without good cause attributable to his employing u...
...if so found by the division. The amendment added a final sentence: "The term `work' as used in this paragraph, means any work, whether full-time, part-time, or temporary." Ch. 94-347, § 4, at 2481, Laws of Fla. Both before and after this amendment, section 443.101(1)(a)(1) stated: "Disqualification for voluntarily quitting shall continue for the full period of unemployment next ensuing after he has left his work *1078 voluntarily without good cause...." As a result of this language, courts cont...
...5th DCA 1995). After the Alderman decision, House Bill 1951 was submitted during the 1999 session. While this bill primarily reduced unemployment taxes, it also included a section to overrule Neese. In relevant part, it added the following language to section 443.101(1)(a)(1): "Disqualification for voluntarily quitting shall continue for the full period of unemployment next ensuing after he or she has left his or her full-time, part-time, or temporary work voluntarily without good cause...." The C...
...Rochussen of their unemployment benefits, we believe that chapter 443 could be amended to achieve that result. Although someone with greater expertise in unemployment law might propose a more sophisticated solution, we would suggest that the last sentence in the first part of section 443.101(1)(a) could state: "The term `work' as used in this paragraph means any work, whether full-time, part-time, or temporary, but shall not include part-time work accepted by the individual after unemployed from full-time work or in anticipation of such unemployment....
...nt to Section
443.151(4)(c), Florida Statutes, of a referee's decision holding the claimant disqualified from receipt of benefits. The issue before the Commission is whether the claimant voluntarily left work without good cause within the meaning of Section
443.101( l ), Florida Statutes....
...See Wright v. Florida Unemployment Appeals Commission,
512 So.2d 333 (Fla. 3d DCA 1987), Campeanu v. Florida Unemployment Appeals Commission,
629 So.2d 1015 (Fla. 4th DCA 1993), and Stewart v. Dollar Tree,
635 So.2d 73 (Fla. 1st DCA 1994). Prior to June 1994, Section
443.101( l )(a), Florida Statutes, provided that an individual "shall be disqualified for benefits for the week in which he has voluntarily left his work without good cause attributable to his employing unit" and that a disqualification for v...
...The above-cited court opinions required the Commission to fashion and impose a penalty not found in the statute; therefore, the Florida Legislature was requested to clarify its intent with respect to disqualification of claimants who quit part-time jobs. The Legislature responded by amending Section 443.101( l )(a), Florida Statutes, to explicitly define the term "work" to mean "any work, whether full-time, part-time, or temporary." The amendment became law effective June 3, 1994....
...She then quit her part-time job. The Commission upheld the denial of benefits because the claimant voluntarily left her part-time employment without good cause attributable to the employing unit. On appeal, the Court rejected the Commission's argument that the amendment to Section 443.101( l )(a), Florida Statutes, was intended by the Legislature to result in a total disqualification of a worker who left part-time employment under these circumstances....
...aff analysis clearly reflects otherwise. The Court, however, did not have the benefit of the staff report when it rendered its opinion. In direct response to the Alderman decision, the 1999 Florida Legislature again amended the penalty provisions of Section 443.101( l )(a)l., Florida Statutes, to make it abundantly clear that a disqualification for voluntarily quitting "shall continue for the full period of unemployment next ensuing after he or she has left his or her full-time, part-time, or te...
...ast known address of each interested party. By: S. SIMMONS Deputy Clerk NOTES [1] It was also filed as House Bill 109, which has comparable legislative history. See Groudas v. Pinellas County School Bd.,
793 So.2d 983 (Fla. 2d DCA 2001). [2] Because section
443.101(1)(a), Florida Statutes (2000), is a "disqualification" statute, it makes no difference in this case whether Ms....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2002 WL 31094142
...Maher, Esquire, Tallahassee, for Appellee Unemployment Appeals Commission. BENTON, J. Charles W. Lyster appeals an order of the Unemployment Appeals Commission disqualifying him from receiving unemployment compensation benefits on the basis of "misconduct connected with ... work." § 443.101(1)(a), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 22 Fla. L. Weekly Fed. D 2543
...Williams of Florida Legal Services, Inc., Tallahassee, for Appellees. SMITH, Senior Judge. The employer challenges an order of the Unemployment Appeals Commission (UAC) which affirmed the appeals referee's decision to award unemployment benefits to appellees upon a finding that the labor dispute disqualification of section 443.101, Florida Statutes (1995), no longer applied....
...of Unemployment Compensation (the division), holding each appellee disqualified from receiving *1057 unemployment benefits from March 14, 1996, on the ground that the unemployment was "due to a labor dispute in active progress." This term refers to section 443.101, Florida Statutes (1995), which provides, in pertinent part: An individual shall be disqualified for benefits: ....
...this court is therefore whether the Commission erred as a matter of law in accepting the referee's determination that after March 25,1996, appellees' unemployment was no longer due to "a *1059 labor dispute in active progress" and that, pursuant to section 443.101(4), Florida Statutes (1995), appellees were therefore no longer disqualified from receiving unemployment benefits....
...avention of the public policy behind the labor dispute disqualification provision. [6] However, its primary argument, both before the lower tribunals and on appeal, focuses on its contention that the Commission erred as a matter of law in construing section 443.101(4) and that, notwithstanding appellees' unconditional offer to return to work on March 25, 1997, their continuing protest of its hiring of permanent replacement workers, along with their continuing demonstrations calling attention to...
...nent to interpretation and application of labor dispute disqualification *1060 statutes. However, we find that a substantial body of case law supports the result reached in the case before us. In determining whether the Commission properly construed section 443.101(4), we must consider its language and attempt to determine the legislative intent which prompted it, taking into account its historical background....
...ffered to return to work, so long as any controversy whatsoever continues to exist between them and their employer, and which would impose upon appellees, and other workers in similar circumstances, the burden of proving that they come within the subsection 443.101(4)(a) exception from disqualification by demonstrating that they are "not participating in, financing or directly interested in the labor dispute." We decline to adopt such a rule, because to do so would ignore the clear focus of section 443.101(4) on a current causation analysis....
...As the Commission determined, the referee's factual findings are supported by competent substantial evidence, and this court will not reweigh the evidence. The referee's legal conclusions, adopted by the Commission, are consistent with the case law construing section 443.101 and similar statutes from other jurisdictions, and therefore will not be disturbed by this court....
...had hired replacement workers, that the strike had ended and unconditionally offered to return to their jobs). [14] Kraft v. Texas Employment Comm'n, 418 S.W.2d 482, 486 (Tex.1967). We note that the Texas "escape clauses" are similar to subsections 443.101(4)(a)1....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 18816, 2007 WL 4207391
...1st DCA 2006). Neither the UAC nor the district court of appeal can overturn an appeals referee's finding of fact if that finding of fact is supported by competent, substantial evidence. Robinson v. Unemployment Appeals Com'n,
899 So.2d 426 (Fla. 5th DCA 2005). Section
443.101(1)(a) of the Florida Statutes (2004) provides:
443.101....
...discharged by his or her employing unit for misconduct connected with his or her work, based on a finding by the Agency for Workforce Innovation. As used in this paragraph, the term "work" means any work, whether full-time, part-time, or temporary. § 443.101(1)(a), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2004 WL 2729701
...Florida Unemployment Appeals Commission,
598 So.2d 100 (Fla. 2d DCA 1992), which stand for the proposition that an illness of a member of the employee's family, which amounts to a family emergency, can constitute good cause for voluntarily leaving a job under section
443.101(1)(a)1. Even though an illness is not factually attributable to one's employer, the law permits an "illness or disability of the individual requiring separation from his [or her] work" to be a good cause for voluntarily leaving a job. See §
443.101(1)(a)(1), Fla....
...4th DCA 2004), in which an employee of a restaurant had, contrary to the wishes of his employer, gone to Germany for two weeks to attend to his father who had suffered a heart attack. The appeals commission reversed the award of unemployment benefits, citing section 443.101(1)(a)1, Florida Statutes (2003) which defines good cause for quitting as "only such cause as is attributable to the employing unit or which consists of illness or disability of the individual requiring separation from his or her work....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 17138, 2010 WL 4483710
...d because the appeals referee did not address whether she was discharged for misconduct warranting disqualificationwe reverse and remand with directions for the appeals referee to determine whether or not Ms. Cochran was discharged for misconduct. Section 443.101(1)(a), Florida Statutes (2009), governs disqualification for unemployment benefits, and provides, insofar as pertinent here, that the former employee is disqualified if the former employee "has voluntarily left his or her work without good cause attributable to his or her employing unit or ......
...As argued by the Agency, the purpose of the unemployment compensation statute is to provide economic assistance to persons unemployed through no fault of their own. §
443.031, Fla. Stat. (2009). Thus, the statute disqualifies workers who voluntarily leave employment. §
443.101(1)(a), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2004 WL 1176164
...ss. Because there was competent, substantial evidence for the determination that appellant left her employment voluntarily without good cause attributable to the employer, appellant was properly disqualified from receiving unemployment benefits. See § 443.101(1)(a), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 7427, 2010 WL 2079665
...he claimant's actions demonstrate a violation of a standard of behavior the employer had a right to expect, and show an intentional disregard of the claimant's duties and obligations to the employer." The Commission upheld the referee's order. Under section 443.101(1)(a), Florida Statutes (2008), a person is disqualified from receiving unemployment benefits when "he or she ......
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 7308, 2010 WL 2076968
...Although the Unemployment Appeals Commission adopted the factual findings of the appeals referee, it concluded that the appeals referee's decision was not in accord with Florida law and substituted its own legal conclusion that the claimant's actions did not rise to the level of misconduct. Section 443.101(1)(a), Florida Statutes (2008) disqualifies a claimant from receiving benefits when he is discharged from work due to misconduct connected with work....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 6987, 2009 WL 1423420
...The appellant, Edgar Diaz, appeals the final order of the Unemployment Appeals Commission affirming the decision of an appeals referee that denied him unemployment compensation benefits. While Mr. Diaz had valid personal reasons for quitting his job, section 443.101(1)(a), Florida Statutes (2008), disqualifies workers who leave employment voluntarily "without good cause attributable to his or her employing unit." See, e.g., Hall v....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1991 WL 27945
...If she accepts a substitute teaching assignment, she is disqualified from receiving benefits because she is employed, albeit on a nonstandard basis. However, if she were to refuse work offered and for which she is qualified, then she would be disqualified for benefits. § 443.101(2), Fla....
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida.
...The Florida Statutes explicitly made PRUCOL persons eligible for social services. See, e.g., Alfred v. Florida Department of Labor and Employment Security ,
487 So.2d 355 , 357 (Fla. 3d DCA 1986) (PRUCOL immigrants qualify for unemployment compensation under Florida statutory formulation of eligibility in Fla. Stat. §
443.101 (7) (1985) ); Solis v....
...[DE # 64, p.3, n.2]. The Court's independent research indicates that one of the Florida Statutes cited above eliminated its reference to PRUCOL, while another Florida Statute still uses the phrase. Compare Fla. Stat. § 409.026 (1) (repealed in 1996) with Fla. Stat. § 443.101 (7) (2013) (excepts persons "permanently residing ......
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 4642, 2006 WL 846836
...Anderson v. Unemployment Appeals Comm'n,
822 So.2d 563, 567 (Fla. 5th DCA 2002); Montgomery v. Unemployment Appeals Comm'n,
817 So.2d 1078, 1079 (Fla. 5th DCA 2002) (citing Miller v. Unemployment Appeals Comm'n,
690 So.2d 752, 753 (Fla. 5th DCA 1997)). Section
443.101(1), Florida Statutes (2004), disqualifies individuals from unemployment benefits if they have voluntarily left their work without good cause....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 3917, 2010 WL 1131439
...The Commission issued its final order affirming the referee's decision. An employee who voluntarily leaves his employment without good cause attributable to the employer is not eligible for unemployment compensation benefits. Brown v. Unemployment Appeals Comm'n,
633 So.2d 36, 38 (Fla. 5th DCA 1994) (citing §
443.101(1)(a), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1989 WL 59547
...ker official ties to this country than Ms. Solis were qualified for unemployment compensation benefits upon an identical statutory formulation of eligibility, that is, that the alien "is permanently residing in the United States under color of law." § 443.101(7), Fla....
...212(d)(5) of the Immigration and Nationality Act).... [e.s.] [4] aliens who are lawfully present in the United States as a result of the application of sections 203(a)(7) or 212(d)(5) (i.e., parolees and conditional entrants) are permanently residing in this country under color of law as provided in section 443.101(7), Florida Statutes (1985) because their residency is with government knowledge and approval and is "permanent" until changed by other official INS action....
...on, present in the United States under "color of law"). * * * * * * As to the remaining five appellants whose work authorizations have not been affirmatively revoked by INS, the State contends that they are ineligible for unemployment benefits under section 443.101(7), Florida Statutes (1985) because they are not permanently residing in the United States "under color of law." The argument is made that these five appellants cannot rely on the line of cases which hold that an alien resides in the...
...en given alien identification cards and authorizations to work, by or with the approval of INS, and thus are "otherwise ... permanently residing in the United States under color of law" as the phrase is defined by Florida law. The quoted phrase from section 443.101(7), Florida Statutes (1985) instructs that the State, and not INS, is to make the eligibility determination for the purpose of state unemployment benefits....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 8952, 2010 WL 2472200
...y concluded that appellant failed to prove that its employee was discharged for misconduct connected with his work because it failed to demonstrate that the drug test the employee allegedly failed was conducted in compliance with the requirements of section 443.101(11), Florida Statutes (2008)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1995 WL 353464
..., we believe that an employer's requiring an employee to perform acts which the employee reasonably believes violate the law furnishes the employee with good cause, attributable to the employer, to voluntarily leave employment, within the meaning of section 443.101(1)(a), Florida Statutes....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2003 WL 21537155
...As further evidence for its conclusion, the UAC noted that Specialty Shoes' practices had not officially been found to be illegal or unethical. Under the applicable statute, a resigning employee is disqualified for unemployment compensation by abandoning work without good cause attributable to the employer. § 443.101(1)(a)(1), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1498182
...Unemployment Appeals Comm'n,
635 So.2d 1028, 1030 (Fla. 2d DCA 1994); Rex v. Fla. Unemployment Appeals Comm'n,
634 So.2d 257, 258 (Fla. 2d DCA 1994). An employee will be disqualified from unemployment benefits if she has been discharged by her employer for misconduct connected with work. §
443.101(1)(a), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 133
...We conclude that because appellant never left work voluntarily but was instead discharged from employment on August 7, 2007 (for reasons not related to misconduct connected with her work), she is entitled to recover unemployment compensation benefits under section 443.101(1)(a), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 254, 2009 WL 102218
...courage it to do. Moving to the substantive issue raised on appeal, a person who voluntarily leaves a job is not entitled to unemployment benefits unless the person can demonstrate that he or she left for good cause attributable to the employer. See § 443.101(1)(a), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 534
...elt like working. The employee voluntarily terminated her employment, without good cause attributable to her employer, on or about May 10, 1985, after finishing an assignment, when she left Florida to go to Illinois to take care of an ailing sister. Section 443.101(1)(a), Florida Statutes (1983); Moore v....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2006 WL 3733273
...Therefore, we find there was no record support for the UAC to make a finding under the FLSA. Reversed and remanded with instructions. KLEIN and MAY, JJ., concur. NOTES [1] The appeals referee affirmed the determination of the claims adjudicator. [2] Section 443.101, Florida Statutes, states that an employee who leaves his employment without good cause attributable to his employer is not eligible to receive unemployment compensation benefits. Fla. Stat. § 443.101(1)(a) (2006)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2008 WL 5156649
...Maher, Tallahassee, for appellee, Unemployment Appeals Commission. Before COPE, RAMIREZ and SHEPHERD, JJ. PER CURIAM. Affirmed. Martha E. Hernandez was denied unemployment compensation benefits on the basis of the finding below that she voluntarily left employment without good cause, pursuant to section 443.101(1)(a), Florida Statutes (2007)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1993 WL 323149
...k of transportation. Because Berger had been offered employment subsequent to filing her claim, the examiner assigned by the Division of Unemployment Compensation (the "Division") apparently focused on whether she was disqualified for benefits under section 443.101(2), Florida Statutes (1991), for "fail[ing] without good cause ......
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 4510, 2010 WL 1329082
...This uncontested testimony provides no support for the appeals referee's conclusion that Mr. Braun had been terminated from his job following the mock supplication event. He clearly was not. Because Mr. Braun was not terminated from his job, but voluntarily quit, he was not entitled to benefits. See § 443.101(1)(a), Fla....
...his or her employing unit"). Moreover, even if Mr. Braun had been terminated from his job as the appeals referee found, he still would be entitled to no benefits because such a termination would have been for misconduct connected with his work. See § 443.101(1)(a), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2005 Fla. App. LEXIS 4670, 2005 WL 766972
...The standard of review of a decision by the UAC is whether the decision is supported by substantial competent evidence. See Rietter v. Florida Unemployment Appeals Comm'n,
875 So.2d 808 (Fla. 3d DCA 2004); Kelly v. Dade County School Bd.,
872 So.2d 457 (Fla. 3d DCA 2004). Under section
443.101(1)(a), Florida Statutes (2004), a claimant is disqualified from receiving benefits if he has been discharged by his employer for misconduct connected with his work....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2008 Fla. App. LEXIS 6148, 2008 WL 1883884
...We reverse the final order of the Unemployment Appeals Commission denying James B. Grayson, Jr., unemployment benefits. The record before us does not support a determination that Grayson voluntarily left employment without good cause attributable to the employer. § 443.101(1)(a), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 3439, 2009 WL 1066069
...On appeal, the claimant argues that her acts constituted a single instance of poor judgment in violating company policy, not dishonesty, which was not found by the referee. She argues that evidence of one isolated incident is insufficient to deny benefits. Section 443.101(l)(a), Florida Statutes, provides: “An individual shall be disqualified for benefits” when “the individual has been discharged by his or her employing unit for misconduct connected with his or her work.” Misconduct includes ...
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 5571, 2011 WL 1485999
...ence that Arroyo kept any refund monies for herself. *494 While we agree that on this record Arroyo's termination from her job was justified, we cannot agree that this conduct constitutes misconduct that would disqualify her from receiving benefits. Section 443.101(1)(a), of the Florida Statutes disqualifies a terminated employee from receiving unemployment benefits when that employee "has been discharged by his or her employing unit for misconduct connected with his or her work." § 443.101(1)(a), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1994 WL 137787
...lorida Unemployment Appeals Commission disqualifying the claimant from receiving benefits, based upon our conclusion that the finding of employee misconduct is not supported by competent substantial evidence. Florida's unemployment compensation law, Section 443.101(1), Florida Statutes (1993), provides that workers who are discharged because of misconduct, are disqualified from receiving unemployment benefits....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 5243, 2004 WL 813475
...All relevant conflicts were resolved in favor of the claimant, based upon the candor of the parties at the hearing. An employee who voluntarily leaves her employment without good cause attributable to her employer is not eligible to receive unemployment compensation benefits. § 443.101(1)(a), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 5230, 2004 WL 784774
...the definition of subcontractor. §
713.01(26), Fla. Stat. (1998), defines subcontractor as: a person other than a materialman or laborer who enters into a contract with a contractor for the performance of any part of such contractor's contract.... §
443.101(10)(a)(1), Florida Statutes (1997), defines a temporary help firm as: a firm that hires its own employees and assigns them to clients to support or supplement the client's workforce in work situations such as employee absences, temporary skill shortages, seasonal workloads, and special assignments and projects....
...(1998) (Construction Lien Law, Chapter 713, Part I "shall not be subject to a rule of liberal construction in favor of any person to whom it applies"). [1] In 2001, the legislature addressed this situation and amended the definition of subcontractor under §
713.01 to include "a temporary help firm as defined in *1242 §
443.101." §
713.01(27), Fla.Stat....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2012 WL 1231073, 2012 Fla. App. LEXIS 5644
...to work, his failure to do so did not constitute misconduct. DFM appealed the appeals referee's ruling to the UAC. Upon review, the UAC reversed, finding that the appeals referee's ruling was not based on competent substantial evidence. We disagree. Section 443.101(1), Florida Statutes (June-July 2010), provides: 443.101....
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 13870, 2007 WL 2481672
...Everett Humble appeals from the final order of the Unemployment Appeals Commission affirming the appeals referee’s decision disqualifying him from receiving benefits. The Commission erred in affirming because the referee failed to properly apply section 443.101(l)(a)(l), Florida Statutes (2005), in determining whether Humble should be disqualified from receiving benefits....
...The Third *958 District reversed and remanded with directions to reinstate the claimant’s unemployment benefits. The court noted that the claimant had shown “good cause” under the statutory definition which includes “illness or disability of the individual requiring separation from his work.” Id. at 646 . See § 443.101(1)(a)(1)....
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 12516, 2001 WL 1007805
...ally punctured by instruments. The Unemployment Appeals Commission (UAC) affirmed the referee’s decision. An employee is disqualified from unemployment benefits only if she has voluntarily left work without good cause attributable to her employer. § 443.101(l)(a), Fla....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 11282, 1998 WL 559651
...result, he was disqualified from receiving unemployment benefits. The UAC agreed and affirmed the appeals referee’s decision. Our unemployment compensation law provides that unemployment benefits may not be paid if an employee is discharged for misconduct. See § 443.101,....
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 13264, 2004 WL 1948656
...According to Hamilton, the four absences after his October 11 conversation with his supervisor were for the purpose of caring for his ailing mother. He tried to comply with the new policy of scheduling them in advance, but was unable to do so. Under section
443.101(l)(a), Florida Statutes (2002), a claimant is dis *1286 qualified from receiving unemployment compensation if Ms discharge resulted from “misconduct connected with his or her work.” Section
443.036(29), Florida Statutes (2002), defines “misconduct” for purposes of determining whether a claimant is disqualified from receiving benefits under section
443.101(1)(a)....
CopyPublished | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 14475, 2010 WL 3766835
...alified from receiving unemployment compensation benefits. As the record below confirms the appeals referee's findings, which were adopted by the Commission, that the claimant voluntarily resigned without good cause attributable to his employer, see § 443.101(1)(a)(1), Fla....
CopyPublished | District Court of Appeal of Florida | 1987 Fla. App. LEXIS 12192, 12 Fla. L. Weekly 2292
discharged for misconduct connected with his work. Section
443.101, Florida Statutes (1985), states that “[a]n
CopyPublished | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 9773, 1996 WL 531053
...him or that the return of the student would place Nolan or his family in harm’s way. The appeals referee determined that Nolan had refused a bona fide offer of work without good cause and was thus disqualified from receiving unemployment benefits. Section 443.101, Florida Statutes (Supp....
...After the student filed a civil rights complaint against the college, he was reinstated. While the student had not yet returned to the college, he was able to apply to do so at any time, and attend Nolan’s class. There was no evidence that the college did anything to allay Nolan’s fears or to provide for his safety. Section 443.101 specifically requires the division to consider the degree of risk involved to a claimant’s health and safety in determining whether any work is suitable for the claimant....
CopyPublished | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 13745, 2004 WL 2071035
...referee’s determination that Belcher was entitled to unemployment benefits. Belcher contends that the appeals referee’s determination was correct because she voluntarily left the workplace for good cause attributable to her employer pursuant to section 443.101(1), Florida Statutes (2002), and that the UAC erred in reversing the referee’s decision....
...ess physically demanding employment. The UAC also found that Belcher had never “asked her supervisor for assistance” and concluded that benefits should be denied because Belcher had failed to expend-reasonable efforts to preserve her employment. Section 443.101(l)(a), Florida Statutes (2002), provides that individuals seeking unemployment compensation benefits shall be disqualified when they leave employment voluntarily, without “good cause” attributable to the employer....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 10605, 1997 WL 577567
...of the sitúa *230 tion instead of hearing what his supervisor had to say. Accordingly, we reverse and remand with instructions to award Mr. Johnson any unemployment compensation benefits to which he is entitled. WHATLEY and SALCINES, JJ., concur. . § 443.101(l)(a), Fla....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2136, 1985 Fla. App. LEXIS 15878
...The appeals referee concluded that PRIDE had failed to prove that the appel-lee was discharged for misconduct. While not disputing the appeals referee’s findings of fact, PRIDE argues that appel-lee was legally disqualified to receive benefits under section 443.101 for having “voluntarily left his employment without good cause attributable to his employer” or for having “been discharged by his employing unit for misconduct connected with his work.” Much of the parties’ arguments are directed toward the sufficiency of the proof of Mathy’s misconduct....
...
440 So.2d at 439 . Cf. Hillsborough County, Department of Emergency Medical Services v. Unemployment Appeals Commission,
433 So.2d 24 (Fla. 2d DCA 1983) (employee’s absence from work due to ninety-day jail sentence constituted misconduct per se for purposes of section
443.101(l)(a), Florida Statutes (1981))....
CopyPublished | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 14708, 2006 WL 2520680
...Gibson filed for and obtained a determination that she was eligible to receive unemployment compensation benefits. However, Vanguard appealed the decision. The appeals referee ruled that Gibson failed to accept work without good cause. The ruling was subsequently affirmed by the Florida Unemployment Appeals Commission. Under Section 443.101(2), Florida Statutes (2005), “[a]n individual shall be disqualified for benefits ......
CopyPublished | Florida 3rd District Court of Appeal | 1999 Fla. App. LEXIS 13182, 1999 WL 791553
...3d DCA 1994); see Gollet Enter. East, Inc. v. Florida Unemployment Appeals Comm’n,
630 So.2d 1166 (Fla. 4th DCA 1993). Thus, the record does not support the determination that Miot “voluntarily left [her] employment without good cause attributable to [her] employer.” §
443.101(l)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2011 WL 4578462, 2011 Fla. App. LEXIS 15727
...The appeals referee issued an order in which it determined that Delhomme voluntarily quit his job without good cause attributable to his employer and was overpaid $229 in benefits. The UAC adopted the referee’s factual findings and affirmed the referee’s decision. This appeal followed. Section 443.101, Florida Statutes (2010) provides: An individual shall be disqualified for benefits: (l)(a) For the week in which he or she has voluntarily left work without good cause attributable to his or her employing unit ......
...r voluntarily quitting continues for the full period of unemployment next ensuing after the individual has left his or her full-time, part-time, or temporary work voluntarily without good cause.... Ch. 99-131, § 2, Laws of Fla., at 781, codified at § 443.101(l)(a)l., Fla....
...he part-time job. Id. Thus, where an employee is laid off from his full-time job, obtains unemployment benefits, and then voluntarily quits his remaining part-time job, the act of voluntarily quitting the part-time job is a disqualifying event under section 443.101(l)(a)l....
...That one will be disqualified from benefits legitimately received after being dismissed from a full-time position due to a subsequent resignation from a dissatisfying part-time job creates a disincentive for a dismissed employee to mitigate his losses. The Legislature, however, has made plain its intent in amending section 443.101(l)(a)l., and “when construing a statutory provision, legislative intent is the polestar that guides our inquiry[.]” McLaughlin v....
CopyPublished | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 16636, 2006 WL 2819645
...rder reversing the appeals referee’s decision to grant Casales unemployment benefits. We reverse. We agree with the appeals referee that Casales’ actions amount to a good-faith error in judgment or discretion which is not deemed misconduct undpr section 443.101(1), Florida Statutes (2005)....
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 15193, 2001 WL 1334318
...In determining whether a claimant is disqualified from receiving unemployment compensation benefits 1 for misconduct in connection with work, the statute defining such misconduct “must be liberally construed in favor of the claimant.” Id. at 500 . Section 443.101(l)(a), Florida Statutes (2000), provides, in pertinent part, that an individual will be disqualified for unemployment benefits where the individual “has been discharged by his or her employing unit for misconduct connected with his...
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 4512771, 2012 Fla. App. LEXIS 16514
...to businesses, appeals a final order of the Reemployment Assistance Appeals Commission * (“Commission”) finding former Alliance employee Clarence Thaxton qualified to receive unemployment benefits. At issue are the Commission’s application of section 443.101(10)(b), Florida Statutes (2010), and its finding that Mr. Thaxton did not voluntarily leave Alliance’s employ. We conclude that when Alliance’s employee leasing engagement with Mr. Thaxton’s previous employer ended, section 443.101(10)(b) required Alliance to notify Mr....
...We review the Commission’s order “to determine whether it is clearly erroneous and whether it is supported by competent, substantial evidence.” Tallahassee Primary Care Assoc, v. Fla. Unemployment Appeals Comm’n,
930 So.2d 824, 825-26 (Fla. 1st DCA 2006). Section
443.101(10)(b) provides, in pertinent part: A temporary or leased employee is deemed to have voluntarily quit employment and is disqualified for benefits ......
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 14169, 2001 WL 1189908
...Substantial competent evidence supports the referee’s finding that appellant quit his job as a bellman to accept a position at another hotel. Appellant was disqualified from receiving unemployment benefits since he voluntarily quit his job without good cause attributable to the employer. See § 443.101(1)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1991 Fla. App. LEXIS 10762, 1991 WL 217862
PER CURIAM. The appeals referee’s conclusions that the appellant “left [her] employment with good cause attributable to the employer” [e.s.], see § 443.101(1)(a), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 8197, 1990 WL 162386
...An appeals referee affirmed the disqualification, as did the Florida Unemployment Appeals Commission. Macdonald then sought this court’s review. We conclude that the record does not support Macdonald’s disqualification. Before the Division can lawfully disqualify a claimant, it must consider certain factors. Section 443.101(2), Florida Statutes (1987), provides: (a) In determining whether or not any work is suitable for an individual, the division shall consider the degree of risk involved to his health, safety, and morals; his physical fitness and prior...
CopyPublished | Florida 4th District Court of Appeal | 2008 WL 4643796
...In doing so, the UAC improperly overturned the appeals referee's finding, as there was competent, substantial evidence to support the appeals referee's conclusion that Mattice voluntarily terminated her employment for good cause attributable to Sachse. Reversed. TAYLOR, HAZOURI and MAY, JJ., concur. NOTES [1] Section 443.101(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 15825, 2010 WL 4103163
...s left his or her full-time, part-time, or temporary work voluntarily without good cause and until the individual has earned income equal to or in excess of 17 times his or her weekly benefit amount[.]” Chs. 99-131, § 2, Laws of Fla., codified as §
443.101(l)(a)l., Fla. Stat. (2008). See generally Rochussen v. Unemployment Appeals Comm’n,
795 So.2d 1075 (Fla. 2d DCA 2001). The language of section
443.101 is unclear....
...The resignation from part-time employment in this case was voluntary but the subsequent layoff from her primary job at Mayor Mortgage was not. We look to the legislative history of the statute for guidance in determining how to interpret it. The committee report for House Bill 1951 (which enacted the amendment to section 443.101) reveals that the Legislature was addressing a different problem: a claimant who is laid off of a full-time job, and upon being awarded unemployment benefits, quits a part-time job....
CopyPublished | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 2336, 1988 Fla. App. LEXIS 4580
...ts. Goldstein v. Ury Kalai, M.D., P.A.,
480 So.2d 695 (Fla. 4th DCA 1985). An employee is disqualified from receiving benefits if he has been “discharged by his employing unit for misconduct connected with his work, if so found by the division.” §
443.101(l)(a), Fla.Stat....
...ct contemplated by section
443.036(24). See Armstrong v. Unemployment Appeals Commission,
427 So.2d 357 (Fla. 5th DCA 1983) (employee’s actions justifying termination may not amount to misconduct under the statute). Furthermore, the requirement in section
443.101 that the employee is disqualified only if the division itself finds that the employee was discharged for misconduct connected with work obviously contemplates a determination of misconduct independent of the employer’s decision to terminate the employee for that reason....
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 16901, 2006 WL 2871860
...Following the hearing, the appeals referee found that Ms. Franks did not quit but had been discharged by the employer for “misconduct connected with work.” 1 The Unemployment Appeals Commission affirmed the appeals referee’s decision, and Ms. Franks timely appealed to this court. Section 443.101(l)(a) disqualifies a person for unemployment compensation benefits if that person has been discharged “for misconduct connected with his or her work.” Misconduct is defined by the statute as: (a) Conduct demonstrating willful or w...
CopyPublished | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 14611, 2002 WL 31267578
...ertension. DCF argues that Scrosati simply retired early at the age of 62. This case is extremely troublesome for the reason that Scrosati would be entitled to benefits if a bona fide medical condition demanded separation from employment. Fla. Stat. § 443.101 (1)(a)1 (2001); e.g., Krulla v....
CopyPublished | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 18266, 2002 WL 31777907
...Dunn is entitled to make a renewed claim for the period between February 25, 2001, and March 23, 2001, if he has not already received benefits for that period. This case presents another example of a claimant who is disqualified to receive benefits pursuant to section 443.101(l)(a), Florida Statutes (2001), under circumstances that the legislature likely did not intend to address in its 1999 amendments....
...part-time job. An amendment to section
443.111, Florida Statutes (2001), previously suggested in footnote 3 in Rochussen , might prevent the result required in this case. See Rochussen,
795 So.2d at 1079 n. 3. The legislature should revisit sections
443.101 and
443.111 because their broad language sometimes hurts diligent workers who must hold more than one job in our current economic environment....
CopyPublished | Florida 3rd District Court of Appeal | 13 Fla. L. Weekly 2468, 1988 Fla. App. LEXIS 4861, 1988 WL 117606
...When his eligibility for continued coverage came under investigation by the bonding company, Zulauf s employer discharged him. The appeals referee specifically found that Zu-lauf was bonded at the time of discharge and that his subsequent loss of bonding was not due to culpable conduct. Section 443.101(l)(a), Florida Statutes (1985), provides for disqualification from benefits when the employee “has voluntarily left his employment without good cause attributable to his employer-” This court has determined that the term “volunt...
CopyPublished | Florida 2nd District Court of Appeal | 1998 Fla. App. LEXIS 14851, 1999 WL 2610
...Tina M. O’Connor appeals the denial of her claim for unemployment benefits. The appeals referee found that Ms. O’Connor is not entitled to benefits because she voluntarily left her employment without good cause attributable to her employer. See § 443.101, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 20052, 2012 WL 5895081
...served by each truck. When Guillen was advised of these changes, he refused to drive his route and left the workplace. When he subsequently failed to appear to drive his scheduled route and failed to contact Republic, his employment was terminated. Section 443.101(l)(a) of the Florida Statutes provides that an employee who voluntarily leaves his or her employment without good cause attributable to the employer is not eligible to receive unemployment benefits. § 443.101(l)(a), Fla....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 12180, 1995 WL 686058
...Appellant’s claim for additional Florida unemployment compensation benefits was denied based on a determination that he voluntarily quit his employment with Regal Development in order to accept work elsewhere and his reason for leaving was not attributable to the employer. See § 443.101(l)(a), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 11512, 1991 WL 240711
PER CURIAM. We affirm the finding of ineligibility for unemployment benefits. Pursuant to section 443.101(8)(b), Florida Statutes (1989), the fact that one-half of the claimant’s social security retirement benefit is greater than the amount of unemployment compensation to which he would be entitled, ren *441 ders him ineligible to recei...
CopyPublished | Florida 3rd District Court of Appeal | 2006 WL 3302531
...cause he "was aware of the drive from his house to the job site." Because the referee's conclusion that Bogardus voluntarily quit his job without good cause attributable to his employer was supported by competent substantial evidence, we affirm. See § 443.101(1)(a), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 16968, 2015 WL 7247364
...findings, but reversed, holding Contreras did commit misconduct and was
disqualified from receiving benefits. This appeal followed.
A person is disqualified from benefits if he or she has been discharged
by his or her employer “for misconduct connected with his or her work.” §
443.101(1)(a), Fla....
CopyPublished | Florida 5th District Court of Appeal
...it amount ($4675). This is incorrect as
Appellant was not discharged until January 5, 2017. The proper disqualification
timeframe is the week beginning January 1, 2017, the following five weeks, and until
Appellant has earned $4675. See § 443.101(1)(a)2., Fla....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 5790, 1999 WL 279471
...The employer challenged the appeals referee’s decision, arguing that the claimant was disqualified from receiving benefits because the evidence showed that she was discharged for misconduct. A person who is discharged for misconduct is disqualified from receiving unemployment compensation benefits. § 443.101(l)(a)2, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2001 Fla. App. LEXIS 5938, 2001 WL 467554
...d further, section
443.036(40) defines “wages” as including “back pay awards.” Neither section contains an exception for NLRB awards, nor does the statute specifically deal with NLRB awards in any section. However, the disqualifying section,
443.101(3), although not mentioning back pay, disqualifies a person if he or she is “receiving or has received remuneration in the form of wages in lieu of notice.” The analogy between wages in lieu of notice as a disqualifying event and back pay is obvious....
CopyPublished | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 8533, 2006 WL 1479598
...After an evidentiary hearing at which both Chiles and Ladner, among others testified, the unemployment compensation appeals referee issued an order reversing the claims examiner’s determination, holding that Chiles was discharged for reasons other than misconduct connected with work and therefore eligible for benefits. See § 443.101, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 7375, 2004 WL 1162233
PER CURIAM. Because the record evidence supports the finding that the appellant/claimant was disqualified from receiving benefits because she voluntarily left her employment without good cause attributable to her employer, we affirm. See § 443.101(l)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2005 Fla. App. LEXIS 7953, 2005 WL 1226152
PER CURIAM. Because the record below fully supports the conclusion that appellant voluntarily quit her employment without good cause attributable to the employer, § 443.101(l)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 1868934, 2012 Fla. App. LEXIS 8279
...Unemployment Appeals Comm’n,
768 So.2d 1218, 1219 (Fla. 4th DCA 2000). He appeals the UAC’s determination that he was disqualified from receiving unemployment benefits, despite the appeals referee’s finding that his reason for quitting was attributable to the employer. “[Sjection
443.101(l)(a), Florida Statutes (2009), provides that an individual is not disqualified for unemployment benefits where the individual has ‘voluntarily left work with good cause attributable’ to the employer. §
443.101(l)(a), Fla....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 5422, 1992 WL 106962
...That order upheld the decision of the appeals referee and found it to be in accord with the essential requirements of the law. The appeals referee concluded that Lewis had been discharged for misconduct for purposes of the unemployment compensation law. Section 443.101(1)(a), Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 1987 Fla. App. LEXIS 8326, 12 Fla. L. Weekly 1296
...e surgery. While her employer did grant her some leave, the leave was insufficient for her needs. Her resignation to attend to her medical problem was for good cause, and a worker who quits for good cause is not disqualified from receiving benefits. § 443.101(1)(a)(1), Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal | 2001 WL 514191
...untarily). In this case, Yaeger's allegations of sexual harassment by male co-workers were never determined to be unfounded. Clearly, the conduct of Yaeger's co-workers, as delineated in the referee's findings of fact, met the good cause standard of section 443.101(1)(a)....
...ice of the situation for some time prior to September 8, 1998. We find that the employer's failure to intercede in this situation and take effective corrective measures before Yaeger's departure date was sufficient to meet the good cause standard of section 443.101....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 1673258, 2012 Fla. App. LEXIS 7543
...ceipt of unemployment benefits. The decision was affirmed by the Unemployment Appeals Commission, which concluded that the record adequately supported' the referee’s findings and her conclusions reasonably applied the law to the facts of the case. Section 443.101(l)(a), Florida Statutes, disqualifies an individual for unemployment compensation benefits “[f]or the week in which he or she has voluntarily left work without good cause attributable to his or her employing unit[.]” “ ‘Good c...
...t did not show evidence to support any employer wrongdoing,” contending “that only instances of wrongdoing or bad faith on the employer’s part constitute ‘good cause attributable to the employer.’ ” Id. Yet, the Third District ruled that section 443.101 “is not so limited.” Id....
CopyPublished | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 6718, 2004 WL 1073658
...A claimant who voluntarily leaves work without good cause is disqualified from receiving .unemployment benefits. Good cause “includes only such cause as is attributable to the employing unit or which consists of illness or disability of the individual requiring separation from his or her work.” § 443.101(1)(a)(1), Fla....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 5084, 1992 WL 98201
...sion, it is enough to adopt our opinion in Diaz v. Winn-Dixie Stores, Inc.,
587 So.2d 677 (Fla. 3d DCA 1991): The appeals referee’s conclusions that the appellant “left [his] employment with good cause attributable to the employer” [e.s.], see §
443.101(1)(a), Fla.Stat....
CopyPublished | Florida 5th District Court of Appeal
...weekly benefit amount ($4675). This is incorrect as Appellant was not discharged until January 5, 2017. The proper disqualification timeframe is the week beginning January 1, 2017, the following five weeks, and until Appellant has earned $4675. See § 443.101(1)(a)2., Fla....
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 7047, 2006 WL 1235919
...Failure to apply for family leave did not preclude the claimant from eligibility. A claimant qualifies for benefits unless he or she left employment without good cause attributable to the employing unit or which consists of illness or disability of the individual requiring separation from his or her work. § 443.101(l)(a)(l), Fla....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 4789, 1998 WL 210344
...not entitled to receive unemployment compensation benefits. Under Florida law, a worker who elects to terminate his or her employment without good cause attributable to the employer is not eligible to receive unemployment compensation benefits. See § 443.101, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 2890, 2003 WL 826896
...ceive unemployment compensation benefits. We reverse. The appeals referee concluded that En-gel was entitled to unemployment benefits because she voluntarily quit with good cause attributable to the employer, Louis Wohl & Sons, Inc., pursuant to section 443.101(l)(a), Florida Statutes (2001)....
CopyPublished | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 3322, 2012 WL 669846
...Unemployment Appeals Comm'n,
490 So.2d 961 (Fla. 3d DCA 1986); Sears, Roebuck & Co. v. Unemployment Appeals Comm'n,
463 So.2d 465 (Fla. 2d DCA 1985). Nor did the referee's decision overlook the employer's duty to demonstrate the drug test was conducted in conformity with the requirements of section
443.101(11), Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 2681, 2011 WL 710154
...1st DCA 1986) (quoting section 443.021, Florida Statutes (1985)); see also Recio,
727 So.2d at 321 ("The purpose of Florida's Unemployment Compensation Law is remedial and the law generally must be liberally construed in favor of claimants."). To effectuate this purpose, section
443.101(1)(a), Florida Statutes (2009), provides that an individual is not disqualified for unemployment benefits where the individual has "voluntarily left work with good cause attributable" to the employer. §
443.101(1)(a), Fla....
...e' under the FLSA[.]" Id. Accordingly, an employee who has voluntarily left work for not receiving minimum wage compensation for the time worked in a pay period is entitled to receive unemployment compensation benefits. "It must be kept in mind that Section
443.101(1)(a) only protects workers of employers who wrongfully cause their employees to `voluntarily' leave their employment." Moore,
498 So.2d at 993....
CopyPublished | Florida 3rd District Court of Appeal | 2005 WL 474836
...Before LEVY, C.J., and GERSTEN, and CORTINAS, JJ. CORTIÑAS, Judge. We affirm a final order of the Unemployment Appeals Commission disqualifying the claimant from receiving unemployment benefits for voluntarily leaving employment without good cause. Section 443.101(1)(a), Florida Statutes (2002), provides that a claimant who has voluntarily left work without good cause shall be disqualified from receiving unemployment benefits. The statute defines "good cause" as "only such cause as is attributable to the employing unit or which consists of illness or disability of the individual requiring separation from his or her work." § 443.101(1)(a)(1), Fla....
...Thereafter, the claimant advised his employer that he had returned from his "vacation," but was advised from his employer that his job had been filled. The record in this case supports the appeals referee's determination that the claimant voluntarily left his work without good cause attributable to his employer. § 443.101(1)(a), Fla....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 792, 1987 Fla. App. LEXIS 12070
...However the record shows that the hang-up calls were perpetrated against the subscriber’s roommate only, thus, there is no support for the conclusion that the subscriber’s best interest was intentionally disregarded by Philbin. An employer may deny benefits to an employee who is discharged for misconduct. § 443.101, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 2564, 1999 WL 123743
...ployment benefits. The Unemployment Appeals Commission affirmed the referee’s decision to deny Roberts benefits. An individual may be disqualified from collecting unemployment benefits if he was discharged for misconduct connected to his work. See § 443.101(1)(a), Fla....
CopyPublished | Florida 4th District Court of Appeal | 1995 Fla. App. LEXIS 1949, 1995 WL 79925
...Pueblo Wholesale Co., Inc.,
627 So.2d 534, 535 (Fla. 3d DCA 1993) and cited cases; Nelson v. Burdines, Inc.,
611 So.2d 1329 *409 (Fla. 3d DCA 1993); Benitez v. Girlfriday, Inc.,
609 So.2d 665 (Fla. 3d DCA 1992). We note that the Commission concedes that section
443.101(9)(b), Florida Statutes (1993), which provides for denial of benefits if claimant is “terminated from work for any dishonest act in connection with his work,” was not invoked in this case....
CopyPublished | Florida 3rd District Court of Appeal | 1987 Fla. App. LEXIS 8733
PER CURIAM. Affirmed. See Kacsir v. State Unemployment Appeals Comm’n,
456 So.2d 528 (Fla. 3d DCA 1984); §
443.101(1), Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 6790, 2000 WL 718195
...The Commission affirmed the referee’s decision. Because the referee erred in concluding that Hardy voluntarily initiated her leave of absence, we reverse. The referee essentially concluded that Hardy voluntarily initiated her leave of absence by virtue of becoming pregnant. Section 443.101(l)(c), Florida Statutes (1999), disqualifies individuals from receiving unemployment compensation benefits “[f]or any week with respect to which the division finds that his or her unemployment is due to a leave of absence, if such leave was voluntarily initiated by such individual.” As the Fourth District has explained, “[n]o Florida appellate court has directly addressed the.issue of interpretation of section 443.101(l)(c), although the Third District has concluded flight attendants required by a collective bargaining agreement to take a leave of absence during pregnancy were not automatically unavailable for work.” Shu v....
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 8942, 2010 WL 2472264
...Perrone quit her job with good cause attributable to her employer, and thus, deemed her qualified for unemployment compensation benefits. The Commission reversed the referee's decision, finding that the facts do not show Ms. Perrone had good cause to voluntarily leave work. We agree. Section 443.101(1)(a), Florida Statutes, provides that an individual shall be disqualified from receiving unemployment compensation benefits for voluntarily leaving work without good cause attributable to the employing unit. Fear of being fired does not constitute good cause for quitting one's job under section 443.101(1)(a)....
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 8537, 2002 WL 1332738
...Pedro Diaz-Perna appeals an order denying unemployment compensation benefits. We affirm. Under the unemployment compensation law, an employee is disqualified for benefits when “he or she has voluntarily left his or her work without good cause attributable to his or her employing unit .... ” § 443.101(l)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 8951, 2011 WL 2496689
...The Claimant contends that the UAC wrongfully denied her unemployment compensation benefits to which she is entitled. We agree. An individual is disqualified from receiving unemployment benefits if “he or she has voluntarily left his or her work without good cause attributable to his or her employing unit_” § 443.101(l)(a), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 8396, 2002 WL 1301470
...f the appeals referee. The referee determined that McGill was not entitled to unemployment compensation benefits because his conduct as an employee rose to the level of willful disregard of his duties and obligations owed his employer, as defined by section 443.101(l)(a), Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal
...o the
undisputed facts presented at the administrative hearing. Both the referee and the
full Commission concluded that the claimant was not discharged for misconduct
connected with her work, and was therefore not disqualified for benefits under
section 443.101, Florida Statutes....
...motions in the pending foreclosure action. The claimant’s employment was then
terminated due to what the Bank labeled a “conflict of interest.”
The Bank maintains that the claimant was disqualified from reemployment
4
benefits by section 443.101 because she was discharged for “misconduct connected
with . . . her work.” § 443.101(1)(a), Fla....
...qualified for benefits because she was not discharged for misconduct connected
with her work, and the RAAC’s order affirming that determination, were correct
7
applications of sections
443.036(29) and
443.101 to the uncontroverted facts....
CopyPublished | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 9129, 2009 WL 1940705
...mmission, affirming the appeals referee’s findings and conclusions that Appellant is disqualified from receiving emergency unemployment compensation benefits because Appellant voluntarily quit work without “good cause,” as this term is used in section 443.101(l)(a), Florida Statutes (2008)....
CopyPublished | Florida 2nd District Court of Appeal | 1998 Fla. App. LEXIS 9690, 1998 WL 428814
...leaving part-time employment. We agree with Mr. Bomar and reverse the denial of his claim for benefits. See Berger v. Asolo Ctr. for Performing Arts, Inc.,
686 So.2d 649 (Fla. 2d DCA 1996). The UAC contends that the legislature’s 1994 amendment of section
443.101(l)(a) which defines “work” to mean any work, whether full-time, part-time or temporary, supports the decision to disqualify Mr....
CopyPublished | Florida 1st District Court of Appeal | 1990 Fla. App. LEXIS 5650, 1990 WL 107811
...9 was due to a labor dispute in progress, not the bankruptcy filing. When the Unemployment Appeals Commission upheld the benefits denial, this appeal ensued. Participation in a labor dispute disqualifies one from receiving unemployment compensation. § 443.101(4), Fla.Stat....
...Eastern concedes that after implementation of the downsizing plan, claimants for whom no jobs would be available would not be subject to the labor dispute disqualification from unemployment benefits. Once it was established that the labor dispute provision of section 443.101(4) was applicable to these attendants for the period of time in question, it was the attendants’ burden to show that they were exempt from the disqualification....
CopyPublished | Florida 3rd District Court of Appeal | 2003 Fla. App. LEXIS 11420, 2003 WL 21749529
...Rodriguez accepted the buyout package and signed the agreement. Two months later, she applied for unemployment benefits which the UAC denied. The UAC concedes Rodriguez most likely had good cause to leave her employment with Telemundo, but stresses that section 443.101, Florida Statutes (2002), disqualifies individuals who voluntarily leave work without “good cause attributable to the employing unit.” At the hearing before the UAC referee, Rodriguez produced a copy of the agreement, which stated...
...The UAC concluded that Rodriguez’ acceptance of the buyout was a voluntary leaving. Further, the UAC found that Rodriguez did not demonstrate wrongful actions or persuasion by Telemundo and thereby did not show that she voluntarily left for “good cause attributable to the employer” pursuant to section 443.101, Florida Statutes (2002)....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 3335015, 2013 Fla. App. LEXIS 10678
...See Hillsborough Cnty., Dep’t of Emergency Med. Servs. v. Unemployment Appeals Comm’n,
433 So.2d 24, 25 (Fla. 2d DCA 1983) (“Continued absenteeism caused by personal problems for which an employee bears culpability amounts to misconduct per se for purposes of section
443.101(l)(a).”)....
CopyPublished | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 10138, 2003 WL 21511303
...5th DCA 2002). In the instant case, no error has been established. Thompson resigned from his job, and an employee who voluntarily leaves work without good cause attributable to his or her employer is disqualified from receiving unemployment benefits. § 443.101(l)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal
...affirmed the
decision of the appeals referee, who determined that Mr. Salvatore quit because he
did not believe he was up to the job, and that this was not good cause attributable to
the employer. We affirm the Commission’s final order.
Section 443.101(1)(a), Florida Statutes (2014), provides that an employee is
disqualified from receiving reemployment assistance benefits if he or she voluntarily
left work without good cause attributable to his or her employing unit, or was
discharged for misconduct connected with work....
...The term “good cause” includes
“only that cause attributable to the employing unit which would compel a reasonable
employee to cease working or attributable to the individual’s illness or disability
requiring separation from his or her work.” § 443.101(1)(a)1., Fla....
...ort the denial of Mr.
Salvatore’s claim for unemployment benefits. There is no real dispute that he quit
his job voluntarily. The question is whether he left the job for reasons “which would
compel a reasonable employee to cease working[.]” § 443.101(1)(a)1., Fla....
CopyPublished | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 11055, 2005 WL 1682574
PER CURIAM. Ibis Sardinas appeals from the Unemployment Appeals Commission’s reversal of the appeals referee’s decision that she left her employment with good cause attributable to her employer and was qualified for unemployment benefits. § 443.101(l)(a)l, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 1614, 1987 Fla. App. LEXIS 9117
resulting uninsurability amounts to misconduct. Section
443.101, Florida Statutes (1985) provides that an individual
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 10873, 2003 WL 21673034
...Smith began to present testimony suggesting that his decision to terminate his employment with Bankers Life was for good cause attributable to the employer, thus suggesting that he had a claim for unemployment compensation after leaving Bankers Life. See § 443.101(l)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 8952, 2000 WL 966298
...We find that, under the authority of Hardy v. Unemployment Appeals Commission, 25 Fla. L. Weekly D1402 ,
2000 WL 718195 , — So.2d - (Fla. 1st DCA June 6, 2000), and Shu v. Unemployment Appeals Comm’n,
710 So.2d 108 (Fla. 4th DCA 1998), the referee erred in interpreting section
443.101(l)(e), Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 8173, 1998 WL 380479
...Baity, Jr., Margarita Jimenez and Earl T. Rankin, appeal an order of the Unemployment Appeals Commission (UAC) affirming the appeals referee’s decision to deny unemployment benefits. The appeals referee denied benefits based on the labor dispute disqualification provision of subsection 443.101(4), Florida Statutes (1995). Appellants argue that when they made unconditional offers to return to work, the labor dispute disqualification of subsection 443.101(4), Florida Statutes (1995), no longer applied....
...The UAC apparently agreed with the appeals referee that because the union strike was still in progress, the labor dispute was still active as it related to appellants, and therefore appellants were not eligible for unemployment compensation benefits pursuant to the disqualification provision of section 443.101. Section 443.101, Florida Statutes (1995), commonly referred to as the labor dispute disqualification statute, provides in pertinent part: *1005 443.101 Disqualification for benefits.— An individual shall be disqualified for benefits: ***** * (4) For any week with respect to which the division finds that his total or partial unemployment is due to a labor dispute in active progress which ex...
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1714, 1985 Fla. App. LEXIS 15118
...substantial disregard of the employer’s interests or the employee’s duties and obligations to his employer. Repeatedly allowing family members to be on the work premises during business hours, after having been warned not to, is a direct violation of the employer’s reasonable requirement. Section 443.101(1) of the Unemployment Compensation Act, Florida Statutes (1983), clearly authorizes an individual be disqualified for benefits when discharged for misconduct connected with work....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 638, 1992 WL 16017
...as discharged due to insubordination to a customer or any other purported misconduct. Even though Shaw’s actions may have constituted misconduct, the record does not support the conclusion that Shaw was terminated for those actions, as required by section 443.101(l)(a), Florida Statutes (1989), which provides that an individual may be disqualified for unemployment compensation benefits if “he has been discharged by his employing unit for misconduct connected with his work_” (Emphasis added...
CopyPublished | Florida 5th District Court of Appeal | 1999 Fla. App. LEXIS 489, 1999 WL 22396
...yment compensation benefits. We affirm. Somerset first maintains that Ms. Hutche-son is not entitled to receive unemployment compensation benefits because she voluntarily terminated her employment without good cause attributable to her employer. See § 443.101, Fla....
...Hutcheson sustained her burden of proving that she did not voluntarily quit her job, but instead her employment was terminated by Somerset. Next, Somerset contends that Ms. Hutche-son is not entitled to receive unemployment compensation benefits because she was discharged for misconduct. See § 443.101, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 456, 2004 WL 88055
...rk and thereafter sought unemployment compensation. The appeals referee hearing the case concluded that the claimant was disqualified from receiving benefits because he voluntarily left employment without good cause attributable to the employer. See § 443.101(l)(a), Fla....
...Unemployment Appeals Com’n,
663 So.2d 1382, 1387 (Fla. 4th DCA 1995): An individual is disqualified from receiving unemployment compensation benefits in Florida if the employee voluntarily leaves employment without good cause attributable to the employer. §
443.101(1), Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 197, 2011 WL 148390
...he would not go to work in the garage to pass out registration forms because she was feeling ill and was concerned that the fumes in the garage would make her feel worse. This evidence satisfies the statutory test for good cause for leaving the job. § 443.101(l)(a)l., Fla....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 985, 1995 WL 49115
...This is an appeal from an order of the Florida Unemployment Appeals Commission denying unemployment benefits on the ground that appellant Eddie C. Walker voluntarily left employment with appellee Wal-Mart Stores, Inc., without good cause attributable to employer, pursuant to Section 443.101(l)(a), Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2014 WL 471972, 2014 Fla. App. LEXIS 1750
...Unemployment Appeals Comm’n,
69 So.3d 376 (Fla. 1st DCA 2011). There is a longstanding body of case law that excuses an employee’s departure from work without the permission or against the wishes of the employer, when there is a bona fide “family emergency.” Under section
443.101(£ )(a)l, Florida Statutes (2012), an employee is disqualified from receiving benefits if he or she voluntarily left work without good cause attributable to the employing unit, or was discharged for misconduct connected with work....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 369, 1986 Fla. App. LEXIS 6237
...This was not an unreasonable request since you had agreed to take a test on a previous occasion.” Appellant sought an administrative hearing which resulted in a recommendation from the appeals referee that appellant be denied benefits. The Commission affirmed this recommendation and appellant filed this appeal. Section 443.101(l)(a), Florida Statutes (1985), provides that an individual shall be disqualified from unemployment benefits if that individual “has been discharged by his employing unit for misconduct connected with his work....” Misconduct, in...
CopyPublished | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 1049, 2005 WL 264108
THOMPSON, J. Dolores Yiannopoulos appeals an order of the Florida Unemployment Commission, which affirmed the decision of the appeals referee finding that she was disqualified from receiving unemployment compensation. Section 443.101, Florida Statutes, provides that if “the division finds that the individual has failed without good cause ......
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 913, 2010 WL 366588
...An individual may be disqualified for unemployment benefits if he or she leaves "his or her work without good cause attributable to his or her employing unit or in which the individual has been discharged by his or her employing unit for misconduct connected with his or her work." § 443.101(1)(a), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 2357, 2004 WL 355611
...at Appellant had been discharged. We, therefore, reverse the *1270 UAC’s order with instructions that this cause be remanded to the referee to determine whether Appellant had “good cause” for quitting his employment due to physical disability. § 443.101(l)(a)l., Fla....
CopyPublished | Florida 1st District Court of Appeal | 2004 WL 350743
...Maher, General Counsel, Florida Unemployment Appeals Commission, Tallahassee, for Appellee. PER CURIAM. In this unemployment compensation case, the appeals referee and the Florida Unemployment Appeals Commission erred by failing to properly consider and apply section 443.101(1)(a)1., Florida Statutes (2002). The law provides that an unemployed worker may qualify for unemployment compensation benefits unless "he or she has voluntarily left his or her work without good cause attributable to his or her employing unit...." § 443.101(1)(a), Fla....
...ply the relevant definition: [T]he term "good cause" as used in this subsection includes only such cause as is attributable to the employing unit or which consists of illness or disability of the individual requiring separation from his or her work. § 443.101(1)(a)1., Fla....
CopyPublished | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 1815, 2004 WL 314308
...The referee found that Peaden used profanity toward her supervisors during a counseling session and called one supervisor a vulgar name in front of other employees. Should this conduct be sufficient to disqualify Peaden from receiving unemployment benefits under section 443.101(1)(a), Florida Statutes (2003), which bars recovery of benefits for employees discharged for misconduct? Misconduct is defined, among other things, as: "conduct demonstrating willful or wanton disregard of an employer's interests and...
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 11841
...his employment with Russell & Axon, there is competent substantial evidence to support the appeals referee’s determination that the termination of appellant’s employment was voluntary and without good cause attributable to his employer. See section 443.101(l)(a), Florida Statutes (1981)....
CopyPublished | Florida 2nd District Court of Appeal | 2014 WL 562934, 2014 Fla. App. LEXIS 2032
...pport it.” (citations omitted)). Based on the facts, the appeals referee determined that Dowden was not eligible for benefits after August 28, 2011, because she voluntarily left employment with Dunkin Donuts on that date due to lack of child care. Section 443.101(l)(a) provides that “[a]n individual shall be disqualified for benefits” if he or she has “voluntarily left work without good cause attributable to his or her employing unit.” [T]he term “good cause” includes only that cau...
...y terminated his or her work within the previous 6 calendar months, or for voluntarily leaving work to relocate as a result of his or her military-connected spouse’s permanent change of station orders, activation orders, or unit deployment orders. § 443.101(l)(a)(l)....
...4th DCA 2007) (recognizing a “family emergency exception” so that an employee may voluntarily take time off work to care for an ill family member or because a death occurred but holding that a mother’s leave of absence because her nanny quit did not constitute good cause attributable to her employer). Therefore, under section 443.101(l)(a), the appeals referee correctly determined that Dowden is not entitled to benefits....
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
entitled to aid for dependent children under section
443.101(7), Florida Statutes (1985), providing that
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 1581, 2011 WL 479977
...mployment benefits, if such benefits are awarded. At the hearing, Craven testified she quit on September 24, 2009. She stated that although the employer extended an offer of re-employment on October 27, 2009, she declined for health-related reasons. Section 443.101(2), Florida Statutes (2009), states that if the Agency for Workforce Innovation finds an applicant for benefits "has failed without good cause to [] accept suitable work when offered to him or her," the applicant will be disqualified from receiving unemployment benefits from that point on....
...Unemployment Appeals Com'n,
934 So.2d 570, 575 (Fla. 1st DCA 2006). [4] See Gibbs v. Fla. Dep't of Commerce,
368 So.2d 651, 652 (Fla. 1979) (finding a claimant was only eligible for benefits up to the date upon which her former employer offered her a comparable job). [5] See §
443.101(2)(a), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2006 WL 229898
...Lakeland Health Care Ctr.,
685 So.2d 876, 877 (Fla. 2d DCA 1996). Where an employee needs time off because of the illness of a family member, the issue is whether the employee voluntarily left the job without good cause attributable to the employer, section
443.101(1)(a), Florida Statutes (2004), and "should focus on whether the circumstances behind the employee's departure would have impelled the average, able-minded, qualified worker to give up his employment." Dean v....
CopyPublished | Florida 5th District Court of Appeal | 2012 Fla. App. LEXIS 21093, 2012 WL 6061119
...for the payment of compensation to individuals with respect to their unemployment.” §
443.031, Fla. Stat. (2011). Workers discharged for misconduct connected with their work are disqualified from receiving unemployment compensation benefits. See §
443.101, Fla....
CopyPublished | Florida 4th District Court of Appeal | 1995 WL 712530
..., found claimant left with good cause attributable to employer. An individual is disqualified from receiving unemployment compensation benefits in Florida if the employee voluntarily leaves employment without good cause attributable to the employer. § 443.101(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2012 WL 6027761, 2012 Fla. App. LEXIS 20865
...erate disregard of the claimant’s duties and obligations to the employer, amounting to misconduct connected with work within the meaning of the law.” The Commission affirmed the decision of the appeals referee, and this appeal followed. ANALYSIS Section 443.101, Florida Statutes (2011), provides, “[a]n individual shall be disqualified for benefits: (l)(a) For the week in which he or she has voluntarily left work without good cause ......
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2742, 1987 Fla. App. LEXIS 11318, 1987 WL 2221
...efused to pay overtime due him. On January 10, 1986, appellant filed a claim for unemployment compensation benefits. The claims examiner denied benefits, determining that appellant left his employment without good cause attributable to his employer. § 443.101(l)(a), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 100, 1985 Fla. App. LEXIS 6032
...on Law. Because the claimant’s discharge occurred in part for a reason constituting misconduct, she should be disqualified from receiving benefits. The Unemployment Appeals Commission entered an order affirming the decision of the appeals referee. Section 443.101(l)(a)2, Florida Statutes (1983), provides: 443.101....
CopyPublished | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 20036, 2004 WL 3001145
PER CURIAM. Because the record supports the determination below that the appellant voluntarily left employment without good cause attributable to his employer, see § 443.101(l)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1994 WL 706226
...three cities, yet chose to attend to personal business instead. Therefore, the referee held that Brownstein was discharged for misconduct connected with work. The Unemployment Appeals Commission upheld the referee's decision, and Brownstein appeals. Section 443.101(1)(a), Florida Statutes (1993), provides that an individual shall be disqualified from receiving unemployment benefits upon a discharge by the employer for misconduct connected with work....
CopyPublished | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 19467, 2004 WL 2921807
...A majority of the UAC affirmed this determination, with one member dissenting on the basis that the record did not show that LaCharite’s “isolated error in judgment” rose to the level of misconduct, as defined by the statute. Under the provisions of section
443.101(l)(a), Florida Statutes (2003), an individual shall be disqualified for benefits *356 “for misconduct connected with his or her work.” Section
443.036(29), Florida Statutes (2003), defining the term “misconduct,” provides: “...
CopyPublished | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 16634, 2000 WL 1854011
...enied Astengo’s claim for unemployment compensation. The referee denied the claim upon a finding that As-tengo was disqualified from receiving benefits because he voluntarily quit his employment without good cause attributable to his employer. See § 443.101(l)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 18415, 2009 WL 4281282
...He left a message for the supervisor, stating he would not be able to come to work for two or three days because he had car problems. The next day, Hernandez again called his supervisor. His supervisor ad *825 vised him he had no way of covering for him and had replaced him with someone else. Section 443.101(l)(a) of the Florida Statutes (2008) provides that an individual shall be disqualified from unemployment benefits if “he or she has voluntarily left his or her work without good cause attributable to his or her employing unit” or “has been discharged ......
...The question before the appeals referee was whether or not Hernandez voluntarily left his work “without good cause attributable to his [employer].” “Good cause” includes “only that cause attributable to the employing unit or ... illness or disability of the individual requiring separation from his or her work.” § 443.101(l)(a)l, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 17832, 2001 WL 1614406
...The appeals referee held that the employee, Ronald R. Langa, was entitled to unemployment compensation benefits because he voluntarily left work with good cause attributable to the employer. We reverse because there was no evidence presented at the hearing to support the appeals referee’s finding. Section 443.101(1), Florida Statutes (2000), provides that an employee is disqualified from receiving benefits if the employee voluntarily leaves work without good cause attributable to the employer or if the employee is discharged for misconduct connected with work....
CopyPublished | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 21138, 2005 WL 3416159
...entitling her to benefits. The UAC argues that the appeals referee’s findings of fact are supported by competent substantial evidence and that the referee’s conclusions of law are consistent with the meaning of the statute. The statute at issue, section 443.101(10), Florida Statutes (2004), provides in relevant part: *70 (b) A temporary or leased employee is deemed to have voluntarily quit employment and is disqualified for benefits under subparagraph (l)(a)l....
...or she must report for reassignment upon conclusion of each assignment, regardless of the duration of the assignment, and that unemployment benefits may be denied for failure to report. (Emphasis added). The parties disagree on the interpretation of section 443.101(10)(b)....
...reversal. See Mason v. Load King Mfg. Co.,
758 So.2d 649, 655 (Fla.2000); §
443.031, Fla. Stat. (2004) (this chapter shall be liberally construed in favor of a claimant of unemployment benefits who is unemployed through no fault of his or her own). Section
443.101(10)(b) expressly disqualifies a claimant from receiving benefits: [I]f, upon conclusion of his or her latest assignment, the temporary or leased employee, without good cause, failed to contact the temporary help or employee-leasing firm for reassignment, if the employer advised the temporary ......
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 11670, 29 Fla. L. Weekly Fed. D 1782
...of the sitúa *230 tion instead of hearing what his supervisor had to say. Accordingly, we reverse and remand with instructions to award Mr. Johnson any unemployment compensation benefits to which he is entitled. WHATLEY and SALCINES, JJ., concur. . § 443.101(l)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 11644, 2015 WL 4624010
...appeals referee. Accordingly, we reverse the Commission’s final order. A claimant who voluntarily leaves his or her employment is disqualified from receiving benefits unless he or she leaves work for “good cause” attributable to the employer. § 443.101(l)(a), Fla. Stat. (2014). The phrase “good cause” as it relates to the facts of the present case means “only that cause attributable to the employing unit which would compel a reasonable employee to cease' working[.]” § 443.101(l)(a)l., Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 11427, 2004 WL 1737336
...We find that the record *479 supports the appeals referee’s finding by competent and substantial evidence that Longsworth is disqualified from receiving unemployment benefits because he left his job voluntarily without good cause attributable to his employer. See § 443.101(1)(a), Fla....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2029, 1989 Fla. App. LEXIS 4942, 1989 WL 101061
...the claimant had to be discharged as well though she had done nothing wrong. The claimant was awarded compensation, but the district court reversed, finding that she had voluntarily left her employment and was therefore ineligible for benefits under section 443.101....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 1865, 1984 Fla. App. LEXIS 14932
...b, had quit. Kartman testified that the manager told her she was fired. The appeals referee concluded that Kart-man’s action in leaving work amounted to misconduct connected with her work and disqualified her for benefits. The commission affirmed. Section 443.101(l)(a), Florida Statutes (1983), provides that no unemployment benefits may be received if an employee is discharged for misconduct....
CopyPublished | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 12360
...s CEO rather than Project Health’s demand for new contractual terms as ruled by the Commission. 1 Accordingly, the Providers voluntarily left their employment without good cause attributable to Project Health and are disqualified for benefits. See § 443.101(l)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2005 Fla. App. LEXIS 13588, 2005 WL 2030302
...ur opinion for that of the referee. 1 We have, therefore, confined our review as to whether the claimant’s conduct constitutes misconduct connected with work, thereby disqualifying him from receiving unemployment compensation benefits. Pursuant to section 443.101(l)(a), Florida Statutes (2004), a claimant is disqualified from receiving unemployment compensation benefits if he was discharged by his employer for misconduct connected with his or her work....
CopyPublished | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 10901
...The claimant’s discharge, therefore, was for misconduct connected with work within the meaning of the law.” An employee who is discharged for misconduct connected with his or her work is not eligible to receive unemployment compensation benefits. § 443.101, Fla.' Stat....
CopyPublished | Florida 2nd District Court of Appeal | 1991 WL 152948
...Section
120.68(10), Fla.Stat. (1989). The appeals referee concluded, however, that the actions that led to Klein’s dismissal constituted. “misconduct connected with her work.” If that were so, Klein could be denied unemployment compensation benefits. Section
443.101, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 13445, 31 Fla. L. Weekly Fed. D 2128
...Appeals Commission affirming the determination of the referee to the effect that Ms. Nelson resigned from her job without good cause attributable to the employer, and was therefore disqualified from receiving unemployment compensation benefits. See § 443.101(l)(a), Fla....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 1761, 1984 Fla. App. LEXIS 14546
...hinking that he had been fired, was a reasonable one which an average person would have made under like circumstances. Accordingly, we reverse the decision of the Unemployment Appeals Commission. REVERSED. GRIMES, A.C.J., and OTT, J„ concur. . See § 443.101(1), Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal
...the record and a reasonable basis in law to support the findings and conclusions of the Appeals Referee, adopted by the Commission, that claimant voluntarily left his employment without good cause attributable to his employer, within the meaning of Section 443.101(1), Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 6158, 2006 WL 1114978
...Nelson clearly does not understand the fine distinctions in the law under which he would have received benefits if *192 he had been uncooperative under these circumstances but is now denied benefits because the referee decided that he politely stood his ground and resigned. See § 443.101(l)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 5830, 2004 WL 892524
...nd Condon would be permitted to voluntarily resign his employment. The rule is clear. Employees who voluntarily resign from employment without good cause attributable to the employer are not entitled to unemployment compensation benefits. See, e.g., § 443.101(1)(a)1., Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2005 WL 957179
...The declared public purpose of the unemployment compensation law is to provide economic assistance to those unemployed through no fault of their own. §
443.031, Fla. Stat. (2003). The statute therefore generally disqualifies those who voluntarily leave their employment. See §
443.101(1)(a), Fla....
CopyPublished | Florida 5th District Court of Appeal | 1999 Fla. App. LEXIS 5123, 1999 WL 228735
...Since there is competent substantial evidence in the record to support the factual determination that the appellant voluntarily left her place of employment without good cause, we must affirm the order disqualifying her from receiving benefits entered by the Unemployment Appeals Commission. See § 443.101(1)(a), Pla....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 3855, 1998 WL 171366
...yer when she was expected to return means Shu’s leave of absence was bona fide. Goodman v. Engle Homes, Inc.,
621 So.2d 523 (Fla. 4th DCA 1993). However, we disagree with the UAC’s conclusion Shu “voluntarily initiated” her leave of absence. Section
443.101(l)(c), Florida Statutes (1995) disqualifies claimants from receiving unemployment compensation benefits “[f]or any week with respect to which the division finds that his unemployment is due to a leave of absence, if such leave was voluntarily initiated by such individual.” §
443.101(l)(c), Fla. Stat. (1995) (emphasis added). As a disqualifying provision, section
443.101(l)(c) should be narrowly construed. St. Joe Paper Co. v. Gautreaux,
180 So.2d 668 (Fla. 1st DCA 1965). No Florida appellate court has directly addressed the issue of interpretation of section
443.101(l)(c), although the third district has concluded flight attendants required by a collective bargaining agreement to take a leave of absence during pregnancy were not automatically unavailable for work....
CopyPublished | Florida 2nd District Court of Appeal | 2001 WL 355793
...The original employer then sued to enforce DeStefano's covenant not to compete, and obtained an injunction prohibiting his employment at Aped. The appeals referee found that DeStefano quit his job without good cause attributable to Aped and was disqualified from receiving benefits. See § 443.101(1)(a), Fla....
...A referee's finding in this regard must be supported by substantial, competent evidence. The evidence in this case established a termination, not a voluntary resignation. Therefore, DeStefano was entitled to unemployment benefits unless Aped showed that he was terminated for misconduct. §§
443.091,
443.101(1)(a), Fla....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19589
...The employer argues that the claimant has not made himself available for work, since he seeks employment only through his union. See Griffin v. Parrish Construction & Door Service,
409 So.2d 62 (Fla. 1st DCA 1982). The Commission based its decision upon its reading of §§
443.101 &
443.151 Fla....
...This section, however, is complicated by §
443.151(3)(d), allowing the Division of Employment Security of the Department of Labor and Employment Security to establish rules specifying which employers are entitled to notice of redeter-minations under §
443.101....
...The right to appeal is given to parties entitled to notice, §
443.151(4)(b). The Commission argues that §
443.151(3)(d) Fla.Stat. (1981) cuts off the right to appeal §
443.091 issues. We disagree. By its plain language § 443.-151(3)(d) applies only to §
443.101 issues....
