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Unformatted text preview: urt of Appeal
held that focus on whether claimant properly filed appropriate papers to be granted leave
was not competent, substantial evidence to support decision denying benefits.
Reversed with instructions.
Claimant is not entitled to unemployment compensation benefits if the claimant was
discharged as a result of misconduct connected with the employment.
If an employer claims misconduct as the basis for terminating an employee, the employee
will still be eligible for unemployment compensation if the employee separated from his
or her employer with good cause. West's F.S.A. § 443.101(1)(a)1.
Substantial reduction in hours constitutes good cause for an employee to terminate his
position and seek unemployment compensation benefits.
Competent, substantial evidence did not support denial of unemployment compensation
benefits following hearing that focused on whether claimant properly filed appropriate
papers to be granted leave, where employer stipulated that claimant never sought medical
leave under Family and Medical Leave Act and employer failed to rebut claimant's claim
that he resigned due to reduced hours. Family and Medical Leave Act of 1993, § 2 et
seq., 29 U.S.C.A. § 2601 et seq.
*851 David T. Azrin, Miami, for appellant.
John D. Maher, Tallahassee, for Appellee, Unemployment Appeals Commission.
Before SCHWARTZ, C.J., and JORGENSON, and GERSTEN, JJ.
Ruben Rivero ("Rivero") appeals an order of the Division of Unemployment
Compensation ("Division") finding Rivero was not eligible for benefits. We reverse
because there was not competent, substantial evidence to support the referee's decision.
Rivero was employed by Miami-Dade County ("County") from 1984 to May, 1999.
During this period, Rivero suffered from cluster migraines which required him to 250 occasionally be absent from work. In March, 1999, Rivero's weekly hours were reduced
from 39 hours per week to 16 hours per week. As a result, Rivero resigned in May.
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- Spring '08