Little v. Department of Labor & Employment Security

ALLEN, Judge.

The appellant challenges an order of the Public Employees Relations Commission (PERC) which determined that the appellant had abandoned her position with the appellee Department of Labor and Employment Security. We reject the appellant’s assertions that the evidence establishes as a matter of law that no abandonment took place and that the hearing officer erred in rejecting testimony from the appellant’s supervisor. But we find merit in the appellant’s contention that the hearing officer and PERC erred in relying upon the evidentiary presumption of abandonment found in Florida…