Narrative Opinion Summary
The court affirmed the decision in Taylor v. State Department of Labor, Employment Security, 383 So.2d 1126 (Fla. 3d DCA 1980). It established that an appeals referee's decision is upheld when it is backed by substantial competent evidence. Additionally, it clarified that a separation from employment is considered voluntary only if the worker has the sole discretion to choose whether to remain employed or leave at the time of separation, as referenced in St. Joe Paper Co. v. Gautreaux, 180 So.2d 668 (Fla. 1st DCA 1965).
Legal Issues Addressed
Standard of Review for Appeals Referee’s Decisionsubscribe to see similar legal issues
Application: The court applies the substantial competent evidence standard to determine whether an appeals referee's decision should be upheld.
Reasoning: The court affirmed the decision in Taylor v. State Department of Labor, Employment Security, 383 So.2d 1126 (Fla. 3d DCA 1980). It established that an appeals referee's decision is upheld when it is backed by substantial competent evidence.
Voluntary Separation from Employmentsubscribe to see similar legal issues
Application: The court clarified that a separation from employment is deemed voluntary only if the worker exercised sole discretion in deciding to leave the employment.
Reasoning: Additionally, it clarified that a separation from employment is considered voluntary only if the worker has the sole discretion to choose whether to remain employed or leave at the time of separation, as referenced in St. Joe Paper Co. v. Gautreaux, 180 So.2d 668 (Fla. 1st DCA 1965).