Sardinas v. State, Unemployment Appeals Commission

District Court of Appeal of Florida

Sardinas v. State, Unemployment Appeals Commission

906 So. 2d 1204, 2005 Fla. App. LEXIS 11055, 2005 WL 1682574

CourtDistrict Court of Appeal of Florida

DecidedJuly 20, 2005

DocketNo. 4D04-3029

StatusPublished

Cited by1 cases

This text of 906 So. 2d 1204 (Sardinas v. State, Unemployment 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.

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Sardinas v. State, Unemployment Appeals Commission, 906 So. 2d 1204, 2005 Fla. App. LEXIS 11055, 2005 WL 1682574 (Fla. Ct. App. 2005).

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Opinion

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. Stat (2003). We reverse.

“The determination of whether an employee left employment voluntarily and whether the leaving was without good cause are questions of fact.” Brown v. Unemployment Appeals Commission, 820 So.2d 457, 458 (Fla. 5th DCA 2002). “[A]l-though the Unemployment Appeals Commission possesses the authority to reverse an appeals referee’s findings of fact and conclusions of law, the commission may do so only where there is no competent, substantial evidence in the record to support the appeals referee’s decision.” Campeanu v. Fla. Unemployment Appeals Comm’n, 629 So.2d 1015, 1016 (Fla. 4th DCA 1993).

The record reveals that Sardinas had legitimate concerns that she might be terminated as a result of job performance and her decision to accept a severance package offered by her employer was reasonable. There was substantial competent evidence supporting the appeals referee’s finding that she voluntarily left her employment with good cause attributable to her employer.

Reversed.

STEVENSON, C.J., TAYLOR and HAZOURI, JJ., concur.

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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. Stat (2003). We reverse.

“The determination of whether an employee left employment voluntarily and whether the leaving was without good cause are questions of fact.” Brown v. Unemployment Appeals Commission, 820 So.2d 457, 458 (Fla. 5th DCA 2002). “[A]l-though the Unemployment Appeals Commission possesses the authority to reverse an appeals referee’s findings of fact and conclusions of law, the commission may do so only where there is no competent, substantial evidence in the record to support the appeals referee’s decision.” Campeanu v. Fla. Unemployment Appeals Comm’n, 629 So.2d 1015, 1016 (Fla. 4th DCA 1993).

The record reveals that Sardinas had legitimate concerns that she might be terminated as a result of job performance and her decision to accept a severance package offered by her employer was reasonable. There was substantial competent evidence supporting the appeals referee’s finding that she voluntarily left her employment with good cause attributable to her employer.

Reversed.

STEVENSON, C.J., TAYLOR and HAZOURI, JJ., concur.

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906 So. 2d 1204, 2005 Fla. App. LEXIS 11055, 2005 WL 1682574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sardinas-v-state-unemployment-appeals-commission-fladistctapp-2005.

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