CLIFFORD H. PALMER
v.
REEMPLOYMENT ASSISTANCE APPEALS COMMISSION AND CITY OF DAYTONA BEACH, FLORIDA
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A claimant who voluntarily leaves employment without good cause, including by resigning in the face of misconduct allegations rather than contesting them, is disqualified from receiving unemployment benefits.
[1] An employee who resigns in response to misconduct allegations rather than exercising the right to have such allegations determined has voluntarily left employment without…
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Join FLexlaw to unlock all legal intelligence“When an employee, in the face of allegations of misconduct, chooses to leave his employment rather than exercise his right to have the allegations determined, such action supports a finding that the employee voluntarily left his job without good cause”
Board of County Commissioners, Citrus County v. Florida Department of Commerce, Division of Employment Security, explaining the legal standard for voluntary resignation in unemployment cases
Palmer was employed by the City of Daytona Beach and faced allegations of misconduct. Rather than exercise his right to have the allegations determine…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
CLIFFORD H. PALMER, Case No. 5D20-2038 Appellant, v.
REEMPLOYMENT ASSISTANCE
APPEALS COMMISSION AND CITY
OF DAYTONA BEACH, FLORIDA, Appellees. ________________________________/ Opinion filed June 30, 2021 Administrative Appeal from the Reemployment Assistance Appeals Commission. David W. Glasser, of Law Office of David W. Glasser, Daytona Beach, for Appellant. Katie E. Sabo, of Reemployment Assistance Appeals Commission, Tallahassee, for Appellee, Reemployment Assistance Appeals Commission. Gary M. Glassman, of the City of Daytona Beach, Daytona Beach, for Appellee, City of Daytona Beach, Florida.
2
PER CURIAM.
AFFIRMED. See Willick v. Unemplmt. App. Comm’n, 885 So. 2d 440, 442 (Fla. 2d DCA 2004) (“A claimant who leaves his or her employment voluntarily without good cause is disqualified from receiving unemployment benefits.” (citing § 443.101(1)(a), Fla. Stat. (2002))); Bd. of Cnty. Comm’rs, Citrus Cnty. v. Fla. Dep’t of Com., Div. of Emp. Sec., 370 So. 2d 1209, 1211 (Fla. 2d DCA 1979) (explaining that “[w]hen an employee, in the face of allegations of misconduct, chooses to leave his employment rather than exercise his right to have the allegations determined, such action supports a finding that the employee voluntarily left his job without good cause” and holding that “[t]he appeals referee is the factfinder in respect to unemployment compensation benefits, and where there is substantial, competent evidence to support his findings his decision must be upheld” (citing Dep’t of Com. v. Dietz, 349 So. 2d 1226, 1228 (Fla. 2d DCA 1977); Quick v. N. Cent. Fla. Cmty. Mental Health Ctr., 316 So. 2d 301, 302 (Fla. 1st DCA 1975))); Contreras v. Reemployment Assistance Appeals Comm’n, 178 So. 3d 953, 955 (Fla. 4th DCA 2015) (recognizing that an appeals referee’s findings in respect to unemployment compensation benefits “are to be accorded a presumption of correctness” (quoting Szniatkiewicz v. Unemplmt. App. Comm’n, 864 So. 2d 498, 501 (Fla. 4th DCA 2004))).
3 LAMBERT, EISNAUGLE and HARRIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Szyja Szniatkiewicz v. Unemployment Appeals Comm'n & Herco Holding Corp., 864 So. 2d 498 (Fla. 4th DCA 2004)
- State of Fla. Dep't OF Commerce v. Dietz, 349 So. 2d 1226 (Fla. 2d DCA 1977)
- Bd. OF Cnty. Comm'rs v. Fla. Dep't OF Commerce, 370 So. 2d 1209 (Fla. 2d DCA 1979)
- Bell v. State, 316 So. 2d 301 (Fla. 4th DCA 1975)
- Willick v. Unemployment Appeals Comm'n & Micro Snap Inc., 885 So. 2d 440 (Fla. 2d DCA 2004)
- Gallatin v. Varca, 178 So. 3d 953 (Fla. 4th DCA 2015)