Many employees think that they are not entitled to unemployment compensation benefits if they quit their job. However, that is simply not true. While it is a commonly held belief that an employee who quits his job is not entitled to unemployment compensation benefits, a recent decision of the 1st District Court of Appeals in Florida demonstrates that this is not true in all cases. In essence, the Court held that even if an employee voluntarily quits his job, the employee does not necessarily lose his entitlement to unemployment compensation benefits.
In that case, Reedy v. Florida Unemployment Appeals Commission, Case No. 1D08-6330 (1st DCA 2009), the employee voluntarily left her job because she was facing significant stress at work that gave her anxiety and exacerbated her medical problems. On appeal, the Court of Appeals stated the general rule that an employee who voluntarily quits a job is not entitled to unemployment compensation benefits unless it is shown that she left for good cause attributable to the employer. Then the Court found that the employee's job had become exceedingly stressful and that she had repeatedly asked for assistance, but simply did not get the assistance that she needed. She began to suffer headaches and chest pains, which her physician diagnosed were related to the anxiety and stress that she suffered at work. Her job performance began to slip significantly. Then, after a short vacation, the employee informed her employer that she would not return to work. She then applied for unemployment compensation benefits.
The Court held that under the circumstances of the case, the employee had shown good cause because those circumstances were such that any reasonable person would be compelled to have given up her job when faced with what the employee was faced. The Court found that the employee voluntarily left her job for good cause attributable to the employer and reinstated the unemployment compensation benefits.
This case demonstrates that there are circumstances where an employee will still receive unemployment compensation benefits even if he quits his job. Similar circumstances could include (i) where the employer cuts the employee's hours to such an extent that the employee resigns in order to seek a job that offers more hours, (ii) where the employee walks off the job because of a hostile work environment, and (iii) where the employer transfers the employee to a location that is much further away from her home.
If you have questions regarding unemployment compensation, contact the Law Offices of Santiago J. Padilla, P.A. as soon as possible. Based in Miami, Florida, we represent employers and employees throughout South Florida in employment cases. To set up a free initial consultation, you can contact us through the Internet or call us at (305) 358-1949.
