Legal Opinion

Etienne v. Muvico Theatres, Inc.

District Court of Appeal of Florida

Decided August 29, 2001No. 3D01-904PublishedCited by 1 opinion

1Opinion of the Court

SHEVIN, Judge.

Kenneth E. Etienne appeals an order of the Unemployment Appeals Commission denying him unemployment compensation benefits. We reverse.

At the hearings before the appeals referee, the only evidence presented by the employer was the testimony of its Director of Human Resources, who was not present at any of the incidents leading to Mr. Etienne’s termination. As such, the director could only provide hearsay testimony regarding the events leading to termination and allegedly supporting denial of benefits. While hearsay is admissible in administrative proceedings, hearsay alone is…

2Cases cited4 opinions

  1. Doyle v. FLA. UNEMP. APPEALS COM'NDistrict Court of Appeal of Florida · 1994
  2. Cullen v. Neighborly Senior Services, Inc.District Court of Appeal of Florida · 2000
  3. Brown v. International Paper Co.District Court of Appeal of Florida · 1998
  4. Durall v. Unemployment Appeals CommissionDistrict Court of Appeal of Florida · 1999

3Cited by1 opinion

  1. Amador v. Norcross Teleservices, Inc.District Court of Appeal of Florida · 2003

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