Legal Opinion · Dissent

Cochran v. Florida Unemployment Appeals Commission

District Court of Appeal of Florida

Decided November 10, 2010No. 1D10-1813Published

1DissentThomas, J.

I respectfully dissent. There is competent, substantial evidence to support the finding that Appellant voluntarily left her employment, and the Agency’s finding to that effect must be sustained under the law.

As the majority opinion states, whether an “employee left [his or] her job voluntarily and without good cause is a question of fact within the province of the unemployment appeals referee.” Grossman v. Jewish Cmty. Ctr. of Greater Fort Lauderdale, 704 So.2d 714, 716 (Fla. 4th DCA 1998). The employer has the initial burden to establish that the employee voluntarily left employment. See…

2Cases cited9 opinions

  1. Uniweld Products, Inc. v. INDUSTRIAL REL. COM'N, ETC.District Court of Appeal of Florida · 1973
  2. Lewis v. LAKELAND HEALTH CARE CENTERDistrict Court of Appeal of Florida · 1996
  3. Grossman v. Jewish Community CenterDistrict Court of Appeal of Florida · 1998
  4. Bd. of Cty. Com'rs v. Fla. Dept. of CommerceDistrict Court of Appeal of Florida · 1979
  5. Glenn v. UNEMPLOYMENT APPEALS COMM.District Court of Appeal of Florida · 1987

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