Susan Maynard v. Florida Unemployment Appeals Commission and Neighborhood Variety Stores

When appellant was discharged from her employment, she applied for unemployment compensation benefits. The Florida Department of Labor and Employment Security, Division of Unemployment Compensation, determined that appellant was discharged for reasons other than misconduct connected with her work and granted her compensation benefits. Her employer appealed, and the Divisions appeals referee, after hearing, confirmed the award of benefits. The appeals referee made the following specific findings: (1) Maynard was terminated after she refused to accept a change in her work schedule or accept another lower-paying position; (2) the new work schedule varied significantly from the previous schedules which Maynard had worked; (3) the employer made no attempt to adjust Maynards schedule, nor did he offer another position which afforded a similar work schedule with comparable pay; and, (4) that at the time of her hiring, the employer expressly told Maynard that she would work daytime hours. Based on these findings, the referee came to the legal conclusion that Maynard was terminated for reasons other than misconduct connected with her work.