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Bessire v. Unemployment Appeals Comm

District Court of Appeal of Florida, Fifth District
Mar 24, 2005
899 So. 2d 368 (Fla. Dist. Ct. App. 2005)

Opinion

No. 5D04-3000.

March 24, 2005.

Appeal from the order of Unemployment Appeals Commission (UAC).

Rhett Bessire, Punta Gorda, pro se.

John D. Maher, Deputy General Counsel, Unemployment Appeals Commission, Tallahassee, for Appellee.


Rhett Bessire, pro se, appeals from a final order of the Unemployment Appeals Commission ("UAC") affirming a decision of an appeals referee disqualifying Bessire from receiving benefits because he voluntarily left work without good cause. Bessire argues that he did have good cause to quit because his employer reduced his benefits contrary to the terms outlined in his hiring letter.

"Whether a claimant for unemployment benefits leaves his or her employment voluntarily and without good cause attributable to the employer is a question of fact, and thus should not be disturbed on appeal provided there is competent, substantial evidence supporting it." Cain v. Unemployment Appeals Com'n, 876 So.2d 592, 593 (Fla. 5th DCA 2004). Bessire failed to have the hearing transcribed and made part of the record on appeal and waived his opportunity to supplement the record with the transcript by failing to timely request a transcript from the UAC. See Estrada v. Unemployment Appeals Com'n, 693 So.2d 1091 (Fla. 5th DCA 1997). Because Bessire failed to provide a transcript of the proceedings below, we have no basis from which to determine whether the UAC erred in affirming the decision of the appeals referee. See Rozell v. State, Unemployment Appeals Com'n, 752 So.2d 99 (Fla. 2d DCA 2000). Indeed, the evidence that is in the record — the hiring letter — supports the decision of the appeals referee because it made clear that the employer could change the benefit structure at any time.

Accordingly, we affirm.

AFFIRMED.

SAWAYA, C.J., and THOMPSON, J., concur.


Summaries of

Bessire v. Unemployment Appeals Comm

District Court of Appeal of Florida, Fifth District
Mar 24, 2005
899 So. 2d 368 (Fla. Dist. Ct. App. 2005)
Case details for

Bessire v. Unemployment Appeals Comm

Case Details

Full title:Rhett BESSIRE, Appellant, v. UNEMPLOYMENT APPEALS COMMISSION, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Mar 24, 2005

Citations

899 So. 2d 368 (Fla. Dist. Ct. App. 2005)