Summary
finding no competent substantial evidence to support the referee's determination in favor of the employer where the employer did not present any witnesses with personal knowledge of the claims and did not rebut the employee's allegations
Summary of this case from Ortega v. Fla. Unemp. Appeals Com'nOpinion
Case No. 3D03-2040.
Opinion filed May 19, 2004.
An Appeal from the Unemployment Appeals Commission, Lower Tribunal No. 03-6004.
La Verne M. Kelly, for appellant.
John D. Maher (Tallahassee), for appellee, Unemployment Appeals Commission.
Before GERSTEN, GREEN, and SHEPHERD, JJ.
James Kelly ("appellant") appeals from an order of the Unemployment Appeals Commission, affirming the denial of unemployment compensation benefits. We disagree with the conclusion that the appellant left his employment without good cause and reverse.
"Good cause for leaving employment turns on whether the circumstances in a given case would have impelled the average, able-minded, qualified worker to give up his employment." Eulo v. Florida Unemployment Appeal Comm'n, 724 So.2d 636 (Fla. 2d DCA 1999). Appellant alleges that he is entitled to benefits as he left his employment with good cause attributable to his employer. The school board did not present any witnesses with personal knowledge of the facts in appellant's case or rebut the appellant's claims that he was constructively discharged from his employment. As there is not substantial, competent evidence to support the referee's finding that appellant voluntarily left his employment without good cause attributable to his employer, we reverse the order disqualifying him from receiving unemployment benefits.
Reversed.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.