Legal Opinion

McEnery v. Unemployment Appeals Commission

District Court of Appeal of Florida

Decided December 18, 2002No. 2D01-5762Published

1Opinion of the Court

BLUE, Chief Judge.

Michael J. McEnery appeals the denial of unemployment compensation benefits based on a finding that he voluntarily left his job without good cause. Because McEnery left work due to illness, which constitutes good cause, we reverse.

The appeals referee found that McEn-ery resigned. We accept this finding because it was supported by competent, substantial evidence. See Sienkiewicz v. Intrepid Powerboats, Inc., 774 So.2d 739, 740 (Fla. 2d DCA 2000).

If the employer meets the burden of showing an employee’s voluntary departure, the employee must prove that he left for good cause…

2Cases cited2 opinions

  1. Lewis v. LAKELAND HEALTH CARE CENTERDistrict Court of Appeal of Florida · 1996
  2. Sienkiewicz v. Intrepid Powerboats, Inc.District Court of Appeal of Florida · 2000

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