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Home Fuel Oil v. Florida Unemployment Appeals
Citations: 494 So. 2d 268; 11 Fla. L. Weekly 1965Docket: 85-2638
Court: District Court of Appeal of Florida; September 10, 1986; Florida; State Appellate Court
Home Fuel Oil Company, Inc. appealed a ruling by the Florida Unemployment Appeals Commission (UAC) that awarded unemployment benefits to Irene Castle, a former employee. The company acknowledged Castle's good performance and her promotion to store manager but decided to transfer management to R.K. Patel. Patel's account of a meeting with Castle differed from hers, with Castle claiming Patel proposed reduced hours and an under-the-table payment scheme, which she could not accept. The hearing officer found that Castle never worked for Patel and was effectively discharged when the business was sold. The UAC determined that Castle did not quit voluntarily, as her separation was due to the sale of the business and not misconduct. Therefore, Castle was deemed eligible for benefits, and the employer's account would not be relieved of charges related to this claim. The court reversed the UAC's decision, concluding that Castle was discharged but not for misconduct connected to her work. The hearing officer concluded that Castle's actions did not constitute misconduct that would disqualify her from receiving unemployment benefits under section 443.101(1)(a) of the Florida Statutes (1985). However, the officer failed to recognize that Castle also needed to demonstrate she did not leave her job voluntarily without good cause attributable to her employer. The statute specifies that employees must not leave voluntarily under circumstances attributed to wrongful actions by their employer. The decision to sell or transfer control of a business does not automatically imply wrongful discharge of employees who choose not to continue under the new employer. The appellant's business decision to cease operations at that site was not deemed a wrongful act. The court noted that if the circumstances had been different, a different ruling might have been possible. Ultimately, there were no actions by the appellant that provided Castle with good cause to leave voluntarily, leading to the reversal of the Unemployment Appeals Commission's decision regarding Castle's eligibility for benefits. Concurring opinions were noted from judges Scheb and Hall.