84 So. 3d 1234
Fla. Dist. Ct. App.2012Background
- Roger Taylor appeals a UAC ruling denying unemployment benefits after termination from Discount Furniture Mart, Inc. (DFM).
- The claims adjudicator initially found Taylor eligible because he was terminated for reasons other than misconduct.
- The appeals referee heard only Kenneth Smith's testimony, detailing Taylor’s June–July 2010 leave due to an undisclosed health issue.
- Taylor provided two doctor notes; the second indicated indefinite absence, leading Smith to terminate Taylor on July 25, 2010.
- The UAC reversed the referee, finding no competent substantial evidence of leave or health-related impediment and deemed Taylor to have quit.
- This court reverses, holding the referee’s findings were supported and Taylor did not voluntarily quit because DFM failed to inform acceptable leave terms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the UAC improperly substitute its judgment for the referee? | Taylor contends referee's findings support eligibility. | UAC properly weighed evidence and replaced referee. | UAC reversal was improper; remand to uphold referee. |
| Did Taylor voluntarily quit or abandon employment? | Health leave precluded voluntary termination. | Taylor quit or abandoned due to indefinite leave. | Taylor did not voluntarily quit; eligible for benefits. |
| Did DFM's failure to inform leave terms affect voluntariness? | Employer's failure to state acceptable leave terms affected the quit determination. | Not addressed; termination based on quit/abandonment. | Failure to inform terms supports non-voluntary absence; benefits owed. |
Key Cases Cited
- Vanek v. Unemployment Appeals Commission, 842 So. 2d 312 (Fla. 5th DCA 2003) (referee's finding governs voluntariness; review for competent substantial evidence)
- Rodriguez v. Arby's, Inc., 709 So. 2d 632 (Fla. 2d DCA 1998) (employer must inform acceptable leave terms; lack of notice defeats quit finding)
- Wisely v. Fla. Unemployment App.Comm'n, 78 So. 3d 118 (Fla. 1st DCA 2012) (supports non-voluntary absence under these facts)
- Lewis v. Unemployment App. Comm'n, 498 So. 2d 608 (Fla. 5th DCA 1986) (burden of proof on employer for misconduct after discharge)