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CCH® UNEMPLOYMENT INSURANCE — 06/29/12

Florida court holds that claimant quit for good cause when employer failed to pay agreed salary

Where an Appeals Referee found that a claimant quit his job as a car salesman with good cause attributable to the employer because he was not paid what was agreed at the time of hire, and the evidence did not reveal that the employer had a clearly established procedure for the resolution of salary issues, the Commission erred in modifying the Referee’s findings of facts to reach a different legal conclusion. The court noted that an employee who quits with good cause attributable to his employer may nevertheless be disqualified from benefits based on a failure to make "reasonable efforts" to preserve his or her employment. However, the employee need only expend reasonable efforts. Here, the Commission determined that the claimant never discussed any of his initial concerns with his supervisor prior to quitting because he felt it was the supervisor’s responsibility to raise salary concerns to higher management. He then determined that the claimant did not use reasonable efforts to rectify his salary issue. However, in so finding, the Commission improperly modified the Referee’s facts to reach a different legal conclusion. Thus, the case was remanded with directions that the Commission adopt the Referee’s decision and order benefits accordingly (Ogle v. UAC and DeVoe Automotive, Fla. Dist. Ct. of App., No. 1D11-4015, 5/24/2012).