Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Project Health, Inc. v. Florida Unemployment Appeals Commission
Citations: 824 So. 2d 324; 2002 Fla. App. LEXIS 12360Docket: Nos. 1D01-2730, 1D01-4124, 1D01-4126 and 1D01-4129
Court: District Court of Appeal of Florida; August 28, 2002; Florida; State Appellate Court
Appeal by Project Health, Inc. challenges four rulings by the Florida Unemployment Appeals Commission favoring employees Kenneth R. Anderson, M.D., Gail E. Bennett, P.A.-C., Carol A. Colvin, M.D., and Sandra W. Lamphier, M.D. The court reverses the Commission's decisions, citing lack of competent, substantial evidence. The Providers submitted a resignation letter on October 26, 2000, stating their resignation would take effect on December 31, 2000, unless the CEO was terminated. Project Health accepted this resignation and requested clarification, which was never provided. The Providers’ employment ended on December 31, 2000. Although they were negotiating new contracts, there was no evidence that the demand for the CEO's termination constituted a “counteroffer” in those negotiations, as the Commission had ruled. The resignation was deemed voluntary and not attributed to good cause from Project Health, leading to disqualification from benefits under Florida Statutes. The court instructs the Commission to replace the Appeals Referees’ decisions in specific cases and to issue orders in favor of Project Health. The Appeals Referee had mistakenly asserted that the Providers' resignation was contingent upon the employer’s demands for a new employment agreement, which was not supported by the resignation letter. Judges Barfield, Miner, and Polston concur.