Gulf County School Bd. v. Washington

567 So. 2d 420, 15 Fla. L. Weekly Supp. 435, 1990 Fla. LEXIS 1102, 1990 WL 130211
CourtSupreme Court of Florida
DecidedSeptember 6, 1990
Docket74339
StatusPublished
Cited by32 cases

This text of 567 So. 2d 420 (Gulf County School Bd. v. Washington) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gulf County School Bd. v. Washington, 567 So. 2d 420, 15 Fla. L. Weekly Supp. 435, 1990 Fla. LEXIS 1102, 1990 WL 130211 (Fla. 1990).

Opinion

567 So.2d 420 (1990)

GULF COUNTY SCHOOL BOARD, Petitioner,
v.
Ernest S. WASHINGTON, et al., Respondents.

No. 74339.

Supreme Court of Florida.

September 6, 1990.

Charles A. Costin of Costin and Costin, Port St. Joe, for petitioner.

John D. Maher, Tallahassee, for respondents.

Joseph L. Shields, Tallahassee, amici curiae for Florida School Boards Ass'n. and Florida Ass'n. of School Administrators.

GRIMES, Justice.

This is a petition to review Gulf County School Board v. Washington, 544 So.2d 288 (Fla. 1st DCA 1989). The district court of appeal certified conflict with Florida Sheriffs Youth Fund v. Department of Labor & Employment Security, 436 So.2d 332 (Fla. 2d DCA 1983). Our jurisdiction is predicated upon article V, section 3(b)(4), Florida Constitution. We agree with the decision of the First District Court of Appeal.

The pertinent facts reflect that the Gulf County School Board first hired Washington as a teacher in August, 1984. At that time, Washington had only a temporary teaching certificate which was valid for the 1984-85 school year. He was subsequently employed for both the 1985-86 and 1986-87 school years, and for each of those years Washington was able to obtain another one-year temporary certificate. He was specifically advised that to be eligible for a regular teaching certificate, he had to pass the Florida teacher certification examination. He understood that in 1987 he would not be eligible to receive another one-year temporary teaching certificate. Washington took and failed the teacher certification examination in 1985, 1986, and 1987. Washington's last day of employment with the school board was in May of 1987.

Washington thereafter applied for unemployment benefits. When his claim was contested, the matter was heard by an appeals referee for the Unemployment Compensation Appeals Bureau. In his findings of fact, the referee noted that Washington had failed the professional portion of his tests and, because he had failed those tests, "he was not granted a teaching certificate for the 1987-'88 school year." In his conclusions of law, the appeals referee explained:

[T]he claimant was never able to meet the requirements of obtaining his teaching *421 certificate. He was able to obtain a temporary certificate, whose purpose is to allow an individual to become employed only until the end of that one year certificate or obtaining of a permanent certificate. It is concluded that the claimant's discharge occurred because of his inability to pass a test, not due to misconduct connected with work, and the claimant is properly qualified for benefits.

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). In a split decision, the court approved the award of benefits by the Unemployment Appeals Commission and held that "denying benefits to one who has made a good faith effort to comply with employment requirements would contravene public policy." Washington, 544 So.2d at 289. The court distinguished its earlier decision in School Board of Lee County v. Florida Unemployment Appeals Commission, 500 So.2d 253 (Fla. 1st DCA 1986), in which unemployment compensation was denied to a teacher when he resigned after once failing the teacher certification examination without seeking to pass any subsequent examinations. The majority concluded that "when an employee makes a good faith effort to meet employment conditions, but fails to do so, ... the employee has not left his employment `voluntarily.'" Washington, 544 So.2d at 289.

The school board relies on a number of district court of appeal cases which have denied unemployment compensation benefits to employees who were unable to meet the conditions of their employment through no fault of their employer.

In Florida Sheriffs Youth Fund, the claimant and her husband were hired to work at the Florida Sheriffs Girls Villa as "group" parents. As a condition of employment, each team of group parents was required to be a married couple, which was standard practice in institutions of this kind. Subsequently, the husband was discharged for misconduct. However, his wife, the claimant, was a satisfactory employee who was not guilty of any misconduct. Her discharge was due solely to the condition of employment requiring that group parents be a husband-and-wife team. The district court held that

where, as here, an employee becomes unable to meet a known, understood, and accepted condition of employment, and where, as here, that inability cannot be considered to be the fault (in the sense of blameworthiness) of the employer, the employee will be considered to have "voluntarily left his employment without good cause attributable to his employer," regardless of whether the employee resigns or is discharged and regardless of whether the employee's inability was reasonably avoidable or is reasonably remediable by the employee. We see no justifiable basis for transferring the economic misfortune of one innocent party onto a second innocent party over that second party's objection.

436 So.2d at 334.

Likewise, in Neller v. Unemployment Appeals Commission, 510 So.2d 652 (Fla. 5th DCA 1987), the court upheld an order denying unemployment compensation in a case where the use of the employee's personal automobile was an accepted condition of employment. The claimant had been employed to deliver pizzas and, when her car became disabled, her employer told her to return to work when her car had been repaired. The district court held: "It was not the employer's fault that the employee's car became disabled. Therefore, the employee is considered to have voluntarily left her employment without good cause attributable to her employer, and accordingly, is not entitled to unemployment compensation." 510 So.2d at 652.

Similar decisions were reached in Adain v. Florida Unemployment Appeals Commission, 523 So.2d 175 (Fla. 3d DCA 1988) (alien lost his job when his work permit was illegally revoked); Prison Rehabilitation Industries & Diversified Enterprises *422 v. Unemployment Appeals Commission, 476 So.2d 1309 (Fla. 2d DCA 1985), review denied, 486 So.2d 598 (Fla. 1986) (prison worker fired when Department of Corrections barred him from entry into prison because of selling drugs to inmates); Paschal v. Florida Department of Labor & Employment Security, 405 So.2d 1020 (Fla. 3d DCA 1981), review denied, 412 So.2d 468 (Fla.), cert. denied, 456 U.S. 981, 102 S.Ct. 2251, 72 L.Ed.2d 857 (1982) (claimant lost job requiring use of privately owned vehicle when automobile was repossessed). We believe that in each of these cases the court misconstrued the unemployment compensation statutes.

The declared purpose of Florida's Unemployment Compensation Law is to provide financial assistance to persons unemployed through no fault of their own. § 443.021, Fla. Stat. (1987). The legislature has mandated that the Unemployment Compensation Law is to be liberally construed in order to achieve its intended purpose. § 443.031, Fla. Stat. (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. Stat. (1987).

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Bluebook (online)
567 So. 2d 420, 15 Fla. L. Weekly Supp. 435, 1990 Fla. LEXIS 1102, 1990 WL 130211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gulf-county-school-bd-v-washington-fla-1990.