BETTY S. MEARS, APPELLANT,
v.
SPORTS INFORMATION ENTERPRISES LIMITED, INC., ET AL., APPELLEES
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The court affirmed the denial of unemployment benefits to an employee who voluntarily quit her job after receiving pay cuts and receiving no definitive answer about her future, holding that her subjective belief that the employer no longer valued her did not constitute good cause attributable to the employer.
An employee who voluntarily leaves employment based on subjective concerns about employer valuation, despite pay reductions and lack of definitive answers about her future, has not established good cause attributable to the employer for purposes of unemployment benefits.
[1] An employee's subjective belief that an employer no longer values her services, unsupported by objective evidence of termination or constructive discharge, does not const…
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Join FLexlaw to unlock all legal intelligenceMears was a supervisor at a telephone talk service. When business declined due to competition, her pay was decreased and hours adjusted. After returni…
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PER CURIAM.
The claimant appeals an adverse order of the Unemployment Appeals Commission denying her benefits. She claims that an appeals referee ignored competent and substantial evidence which demonstrates she left her employment for causes attributable to her employer. The referee’s finding was affirmed by the full commission.
Claimant was a supervisor of a telephone talk service at the time that heavy competition developed from a competing company. For this reason, business declined and she was informed that her pay, as well as that of other supervisors, would accordingly be decreased and hours adjusted. Shortly before she took a planned vacation, she was asked to train an assistant supervisor. When she returned, she found that she had received another decline in pay. She became anxiety ridden and made inquiry about her future with the company. She received no definitive answer. At one point, she told her supervisor that she would be quitting her job. Soon thereafter, she did just that. Her argument here is that she had a reasonable basis to believe that her employer no longer valued her as a supervisor. The employer’s representatives flatly testified to the contrary. The appeal referee’s finding that the claimant voluntarily left her employment without good cause attributable to her employer is supported by the record. This is the very type of case in which the appeals referee’s assessment of weight and credibility carries the day for one party or the other. Heifetz v. Department of Bus. Reg., 475 So. 2d 1277 (Fla. 1st DCA 1984).
Affirmed.
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Torres v. J.A. Jones & Fla. Unemployment Appeals Comm'n, 717 So. 2d 135 (Fla. 3d DCA 1998)…PER CURIAM. As no error of law has been shown, we affirm the decision of the Florida Unemployment Appeals Commission determining that appellant is ineligible for unemployment benefits. See Mears v. Sports Information Enterprises Limited, Inc., 664 So. 2d 8 (Fla. 3d DCA 1995).…
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Bridgette A. Spence v. Fla. Unemployment Appeals Comm'n, 954 So. 2d 1249 (Fla. 3d DCA 2007)…er v. Fla. Unemployment Appeals Comm’n, 768 So. 2d 1218 (Fla. 4th DCA 2000)(stating that referee is responsible for weighing and resolving conflicting evidence and judging credibility of witnesses); see also Meats v. Sports Info. Enters. Ltd., Inc., 664 So. 2d 8 (Fla. 3d DCA 1995); Kan v. P.G. Cook Assocs., 566 So. 2d 932, 933 (Fla. 3d DCA 1990)(“The decision of an appeals referee must be affirmed if it is supported by competent substantial evidence.”). FLETCHER and SHEPHERD, JJ., concur.…
Authorities Cited
- Mel Heifetz v. Dep't of Bus. Reg., 475 So. 2d 1277 (Fla. 1st DCA 1985)