Johnston v. Florida Dept. of Commerce, 76--1237

• Decision Date: 17 December 1976
• Docket Number: No. 76--1237,76--1237
• Citation: 340 So.2d 1229
• Parties: Julia Evelene JOHNSTON, Petitioner, v. FLORIDA DEPARTMENT OF COMMERCE et al., Respondents.
• Court: Florida District Court of Appeals

Page 1229

340 So.2d 1229

Julia Evelene JOHNSTON, Petitioner, v. FLORIDA DEPARTMENT OF COMMERCE et al., Respondents.

No. 76--1237.

District Court of Appeal of Florida, Fourth District.

Dec. 17, 1976.

Leon B. Cheek, III, Altamonte Springs, for petitioner.

Kenneth H. Hart, Jr., General Counsel, Tallahassee, and James R. Parks, Miami, for respondent Florida Department of Commerce Division of Employment Security.

ALDERMAN, Judge.

A petition for writ of certiorari is presented by a former employee of Corporate Group Services, Inc. seeking review of an order of th Industrial Relations Commission which denied petitioner unemployment compensation benefits. We have jurisdiction under Article V, Section 4(b), Florida Constitution and Section 443.07(4)(e), Florida Statutes (1975).

Petitioner had been employed by Corporate Group Services, Inc. as a clerical worker. Shortly after her transfer to a new department of that corporation, she was informed by an officer of her employer that her employment was being terminated. The reason given was that petitioner was not sufficiently qualified for her duties in the new department.

It is undisputed that petitioner was discharged from her employment. She was told on May 13, 1975 that she could work for two more weeks, and when she asked if it would hurt her in any way to leave sooner, her employer told her that it would not. Petitioner thereupon chose to leave at the end of the same day on which she was told she was being laid off. Her reasons for not wanting to stay for the remaining two weeks were that she was upset over being fired and did not want to continue in an unpleasant atmosphere.

Upon leaving her job, petitioner applied for unemployment compensation benefits and was refused. The denial of benefits was based upon the fact that she had voluntarily quit prior to the effective date of the termination notice, and therefore her quitting was without good cause attributable to her employer. The applicable statute is Section 443.06(1), Florida Statutes (1975):

'443.06 Disqualification for benefits.--

An individual shall be disqualified for benefits: (1) For the week in which he has voluntarily left his employment without good cause attributable to his employer or in which he has been discharged by his employing unit for misconduct connected with his work, if so found by the division, and for not more than 12 weeks which immediately follow such week, as determined by the division in each case according to the circumstances in each case or the seriousness of the misconduct. Provided, however, that disqualification under this subsection shall continue for the full period of unemployment next ensuing after he has left his work voluntarily without good cause or has been discharged for misconduct connected with his work and until such individual has become reemployed and has earned wages equal to or in excess of 10 times his weekly benefit amount, and provided, further, that good cause as used in this subsection shall include only such cause as is attributable to the employer or consists of illness or disability of the individual, other than pregnancy, requiring separation from his employment. An individual shall not be disqualified under this subsection for voluntarily leaving temporary employment to return immediately when called to employment by the permanent employer who temporarily terminated his employment within the previous 6 calendar months.'

In reference to the facts of this case we interpret Section 443.06(1), Florida Statutes, to mean that where an employer notifies its employee that his or her employment is being definitely terminated as of a given date, the...