Guillen v. Reemployment Assistance Appeals Commission

103 So. 3d 207, 2012 Fla. App. LEXIS 20052, 2012 WL 5895081
CourtDistrict Court of Appeal of Florida
DecidedNovember 21, 2012
DocketNo. 3D11-3321
StatusPublished

This text of 103 So. 3d 207 (Guillen v. Reemployment Assistance Appeals Commission) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Guillen v. Reemployment Assistance Appeals Commission, 103 So. 3d 207, 2012 Fla. App. LEXIS 20052, 2012 WL 5895081 (Fla. Ct. App. 2012).

Opinions

WELLS, Chief Judge.

We affirm the final order entered below by the Unemployment Appeals Commission, now known as the Reemployment Assistance Appeals Commission, see 443.012, Fla. Stat. (2012),1 disqualifying Raul A. Guillen from receiving unemployment compensation benefits based on a determination that he had voluntarily left his employment without good cause attributable to his employer. We do so because this determination is fully supported by the record and competent, substantial evidence. The testimony adduced below, while in part contested, was that Guillen was hired in October 2008 by Republic Services of Florida as a recycling truck driver. During most of his tenure at Republic, Guillen and a helper had been assigned to his truck. Shortly before Guil-len’s employment terminated, Republic changed its staffing, eliminating the helpers assigned to each truck and altering the route 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. Stat. (2011). As used in this context, the term “good cause” means circumstances that would impel the average, able bodied, qualified worker to give up his employment. See Kloepper v. Unemployment Appeals Comm’n, 871 So.2d 997, 999 (Fla. 5th DCA 2004); Brown v. Unemployment Appeals Comm’n, 633 So.2d 36, 38 (Fla. 5th DCA 1994); Ritenour v. Unemployment Ap[209]*209peals Comm’n, 570 So.2d 1106, 1107 (Fla. 5th DCA 1990; see also Abascal v. South Dade Rehab Assoc. LP, 900 So.2d 721, 722 (Fla. 3d DCA 2005) (“[W]e agree with the Commission that Abascal’s decision to quit her job rather than face possible loss of accrued leave at some time in the future on as of yet unrealized circumstances does not come within [the good cause] exception. See, e.g., Home Fuel Oil Co., Inc. v. Florida Unemployment Appeals Comm’n, 494 So.2d 268, 270 (Fla. 2d DCA 1986) (rejecting the argument that an employer’s change in ownership provided claimant with good cause to quit, stating that the ‘statute protects employees of only those employers who wrongfully cause their employees to ‘voluntarily’ leave their employment’); Uniweld Prods., Inc. v. Indus. Relations Comm’n, 277 So.2d 827, 829 (Fla. 4th DCA 1978) (‘[t]o voluntarily leave employment for good cause, the cause must be one which would reasonably impel the average able-bodied qualified worker to give up his or her employment’); see also Frogge v. Davenport, 906 S.W.2d 920, 924 (Tenn.App.1995) (individual’s ‘voluntary decision to quit [which] was motivated only by speculation that he would lose his job and his accumulated benefits’ was not good cause to leave his employment).”); Margulies v. Pallott & Poppell, 599 So.2d 195, 196 (Fla. 3d DCA 1992) (holding that claimant’s leaving work for indefinite period to take care of her ailing mother was voluntary termination of employment without good cause which disentitled her to receipt of unemployment compensation benefits); Glenn v. Fla. Unemployment Appeals Comm’n, 516 So.2d 88, 89 (Fla. 3d DCA 1987) (“Whenever feasible, an individual is expected to expend reasonable efforts to preserve his employment.”).

There is no evidence in this case that Republic imposed working conditions so harsh or unreasonable on Guillen that he had no choice but to quit. To the contrary, the evidence was that on the day he was asked to run his route alone and walked off the job, his supervisor told him to try the new route and if it did not work out Republic would try something else. Rather than working with his employer, there was testimony that he “refused to run the route. He gave the route sheet back to us and said he wasn’t going to do it and pretty much basically walked out the building [and did not return].” On this record, the hearing referee correctly determined that Guillen had voluntarily left his job without good cause.

The order denying unemployment benefits to Guillen should, therefore, be summarily affirmed. We write, however, to address the argument raised and adjudicated for the first time by the dissent, that Republic did not properly invoke its right to appeal from the initial non-monetary determination that Guillen was eligible for benefits because Republic had failed to timely respond to an information request relating to a monetary determination. This argument is contradicted by the record.

Section 443.151(3) of the Florida Statutes governs eligibility for unemployment compensation and essentially divides eligibility into two distinct determinations: (1) monetary determinations governed by sub-paragraph (b), and (2) non-monetary determinations governed by subparagraph (c).

MONETARY ELIGIBILITY AND DETERMINATIONS

A. Notice to the Employer

Under section 443.151(3)(a) of the Florida Statutes, the Department of Economic Opportunity is required to notify employers that a claim for unemployment benefits has been made and to advise each employer that it must “respond” to that claim within 20 days or forfeit relief from a [210]*210determination as to the amount of any benefits which might be paid under 443.131(3)(a):

3. DETERMINATION OF ELIGIBILITY.—
(a) Notices of Claim. — The Department of Economic Opportunity shall promptly provide a notice of claim to the claimant’s most recent employing unit and all employers whose employment records are liable for benefits under the monetary determination. The employer must respond to the notice, or in lieu of mailing, within 20 days after the delivery of the notice. If a contributing employer fails to timely respond to the notice of claim, the employer’s account may not be relieved of benefit charges as provided in s. 443.131(3)(a), notwithstanding paragraph (5)(b).

443.151(3)(a), Fla. Stat. (2012).

To comply with this requirement, the Department has adopted rule 60BB-3.016 (2) titled “Notices to Employers” which provides that the Department “will use AWI Form UCB^412, ‘Determination of Unemployment Compensation claim Filed’ ... to notify the claimant’s most recent employing unit and each employer ... of each claim for benefits filed, pursuant to Section 443.151(3)(a).” Fla. Admin. Code R. 60BB-3.016 (2)(a).

On July 28, 2011, the Department provided Republic with a form UCB^12 regarding Guillen’s claim as required by section 433.151(3)(a) and rule 60BB-3.016(2)(a).2 This form put Republic on notice that a claim for unemployment benefits had been made against it:

The claimant whose name appears on this notice has filed a claim for Unemployment Compensation benefits. This notice is being mailed to you either because state records indicate you paid the individual wages during the base period of the claim or the individual has reported that he or she worked for you since the end of the base period and you are therefore, entitled to notice of the claim.

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Related

Home Fuel Oil v. Florida Unemployment Appeals
494 So. 2d 268 (District Court of Appeal of Florida, 1986)
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Abascal v. SOUTH DADE REHAB ASSOCIATES LP
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Ritenour v. Unemployment Appeals Commission
570 So. 2d 1106 (District Court of Appeal of Florida, 1990)
Brown v. Unemployment Appeals Com'n
633 So. 2d 36 (District Court of Appeal of Florida, 1994)
Kloepper v. UNEMPLOYMENT APPEALS COM'N
871 So. 2d 997 (District Court of Appeal of Florida, 2004)
Uniweld Products, Inc. v. INDUSTRIAL REL. COM'N, ETC.
277 So. 2d 827 (District Court of Appeal of Florida, 1973)
Margulies v. Pallott & Poppell
599 So. 2d 195 (District Court of Appeal of Florida, 1992)
Ponce v. Florida Unemployment Appeals Commission
47 So. 3d 929 (District Court of Appeal of Florida, 2010)
Frogge v. Davenport
906 S.W.2d 920 (Court of Appeals of Tennessee, 1995)
Curras v. Florida Unemployment Appeals Commission
841 So. 2d 673 (District Court of Appeal of Florida, 2003)
Jameson v. Unemployment Appeals Commission
842 So. 2d 267 (District Court of Appeal of Florida, 2003)

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Bluebook (online)
103 So. 3d 207, 2012 Fla. App. LEXIS 20052, 2012 WL 5895081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guillen-v-reemployment-assistance-appeals-commission-fladistctapp-2012.