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Jacobs v. E.R. Jahna Industries, Inc.

District Court of Appeal of Florida, Fourth District
Apr 13, 1988
522 So. 2d 1075 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-1054.

April 13, 1988.

Appeal from Florida Unemployment Appeals Commission.

Hazel Lucas and Charlotte Sibley of Florida Rural Legal Services, Inc., Belle Glade, for appellant.

John D. Maher, Tallahassee, for appellee, The Unemployment Appeals Com'n.


This is an appeal from an agency order denying unemployment benefits. We reverse. The appellant's employer indicated to the Bureau of Unemployment Compensation that the appellant was discharged for violating the company's written attendance rules by absences on certain specified dates. Appellant did not receive notice of a substantial change in the scope of the allegations. See Philbin v. Southern Bell Telephone Telegraph, 503 So.2d 1375 (Fla. 4th DCA 1987). Although the initial charge was not supported by proof, the appellant was found guilty of misconduct by excessive absenteeism.

Upon a review of the record, we find an absence of substantial competent evidence to support the finding of excessive absenteeism as defined in section 443.036(24), Florida Statutes. Cf. Hartenstein v. Florida Department of Labor and Employment Security, 383 So.2d 759 (Fla. 2d DCA 1980).

The order of the Unemployment Appeals Commission is, therefore, set aside and this cause is remanded to the Commission in accordance with section 120.68, Florida Statutes.

ANSTEAD and DELL, JJ., concur.


Summaries of

Jacobs v. E.R. Jahna Industries, Inc.

District Court of Appeal of Florida, Fourth District
Apr 13, 1988
522 So. 2d 1075 (Fla. Dist. Ct. App. 1988)
Case details for

Jacobs v. E.R. Jahna Industries, Inc.

Case Details

Full title:L.C. JACOBS, SR., APPELLANT, v. E.R. JAHNA INDUSTRIES, INC., AND THE…

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 13, 1988

Citations

522 So. 2d 1075 (Fla. Dist. Ct. App. 1988)