Legal Opinion · Dissent

Ramirez v. Reemployment Assistance Appeals Commission

District Court of Appeal of Florida

Decided February 7, 2014No. 1D12-5009Published

1DissentMakar, J.

I would affirm because the employer was accommodative of Ms. Ramirez by: (a) pointing out the availability of leave under FMLA, and (b) offering her reinstatement upon her return. Ms. Ramirez pursued neither available option. When offered reinstatement, she simply said it was “no big deal” to have a job with the employer and, instead, chose to file for unemployment benefits soon thereafter. This was job abandonment. § 443.101(2), Fla. Stat. (2013). Sympathy and a degree of legal leniency are justifiably on the side of the employee who has a family emergency, such as the imminent death of a…

2Cases cited3 opinions

  1. Szniatkiewicz v. Unemployment Appeals Com'nDistrict Court of Appeal of Florida · 2004
  2. Tallahassee Primary Care v. FLORIDA UACDistrict Court of Appeal of Florida · 2006
  3. Cochran v. Florida Unemployment Appeals CommissionDistrict Court of Appeal of Florida · 2010

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