Monday, June 22, 2009

Employee Not Entitled to Benefits When Leaves Employment Without Good Cause

In Price v. Unemployment Appeals Commission (5D08-1817), the Fifth District affirmed the trial court's order that the employee was not entitled to unemployment benefits because the employee left her employment without good cause. The court held:

The determination that an employee left employment voluntarily and whether she did so without good cause are questions of fact. Brown v. Unemployment Appeals Comm'n., 820 So. 2d 457 (Fla. 5th DCA 2002). Moreover, the factual determinations of an appeal referee are ordinarily presumed to be correct. Smith v. Unemployment Appeals Comm'n., 823 So. 2d 873 (Fla. 5th DCA 2002). Thus, if there is substantial competent evidence in the record to support the findings of the referee, and in particular the finding that Ms. Price voluntarily left her employment without good cause, this court must affirm. Brown, 820 So. 2d at 458.


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