Alderman v. Blen F. Gibson Auctioneering Services, Inc.

No. 94-2934 (Fla. Dist. Ct. App. filed July 6, 1995); Clearinghouse Number: 50792

Description

Claimant Who Quit Her Part-Time Job After Being Laid Off from Her Full-Time Job Challenges Benefit Disqualification

Abstract

Appellant unemployment compensation claimant has appealed the order of the Unemployment Appeals Commission disqualifying her from benefits. While employed full-time as an administrative assistant, appellant supplemented her income by working part-time one night a week as an office assistant for another employer. After being laid off from her full-time job, she applied for and received unemployment compensation. Subsequently, she quit her part-time job for personal reasons. Finding that she had left her part-time job without good cause attributable to her employer, the commission disqualified her from benefits. On appeal, appellant argues that the commission committed legal error by interpreting a recent amendment to state law, which defines "work" for unemployment compensation purposes as either full-time, part-time, or temporary employment, to disqualify appellant from benefits. She asserts that the most reasonable interpretation of this amendment is that in a disqualification issue the circumstances surrounding the termination from each of the claimant's employers, whether full-time or part-time, should be controlling. Appellant also argues that by effectively preventing persons who quit their part-time jobs for personal reasons from showing that they are otherwise entitled to a portion of their nemployment compensation benefits based on being laid off from their former, full-time employment, whereas full-time employees who never obtained part-time work are not so penalized, the commission's interpretation establishes a classification that frustrates the legitimate state goal of encouraging work.

Additional Information

Attorney Information
Claimant/Appellant represented by Treena Kaye, Central Florida Legal Services, 315 S. Magnolia Ave., Sanford, FL 32771 (407.322.8983).
Docket Date
2008-09-02 23:28:37+00:00