Andino v. Lantana Partners, Ltd.
Docket: 96-01420
Court: District Court of Appeal of Florida; April 11, 1997; Florida; State Appellate Court
Sandra L. Andino, the appellant, worked at Hill Haven Rehabilitation Center, operated by Lantana Partners, Ltd., for a brief period performing admissions work from 5:00 p.m. to 9:00 p.m. Initially, she had assistance with telephone duties, but after that person was terminated, Andino was required to manage all phone calls, which she found unmanageable. Consequently, she quit her job. Lantana Partners contested her application for unemployment benefits, leading to a hearing where the referee determined that Lantana had materially breached the employment contract by significantly altering her job responsibilities, resulting in the award of benefits to Andino. However, the Florida Unemployment Appeals Commission reversed this decision, denying her benefits. The District Court of Appeal of Florida, Second District, found that the UAC improperly reweighed the evidence. It affirmed that the determination of whether an employee left voluntarily for reasons attributable to the employer is a factual question. The referee had correctly assessed the additional duties as a substantial change in Andino's employment contract, and the UAC exceeded its authority by not upholding the referee's decision, which was supported by competent, substantial evidence. The court reversed the UAC's ruling and remanded for the reinstatement of Andino's benefits, with concurrence from Judges Danahy and Northcutt.