Gulf Power Co. v. Florida Department of Commerce
Gulf Power Co. v. Florida Department of Commerce
Dissenting Opinion
(dissenting).
I would affirm the claims referee who, in denying benefits to claimant, stated, “You chose to keep your beard rather than your job.”
Opinion of the Court
Gulf Power seeks review of an order of the Industrial Relations Commission affirming an order of the appeals referee granting unemployment benefits to Tucker.
Tucker was hired by Gulf Power in July, 1975. At that time he was advised to cut his beard and maintain a neat appearance since this would assist him in his job application. Tucker did as the Gulf Power interviewer suggested, although there was at
Section 443.06(1), Florida Statutes (1975), provides that an individual shall be disqualified for unemployment benefits if “he has voluntarily left his employment without good cause attributable to his employer.” The only issue which we have before us is whether an employee who elects to violate the company’s dress and appearance code shall be deemed to have “voluntarily left his employment without good cause attributable to his employer.” It is important to note that we are not presented with any evidence as to whether Mr. Tucker was discharged for misconduct connected with his work. If he was so discharged for such reason then clearly under the statute he would not be entitled to unemployment benefits. Nor are we presented with any issue that Mr. Tucker had a constitutional right to wear a beard. There is authority from other jurisdictions that an employer may as a condition to employment establish reasonable standards of appearance and dress of its employees. Willingham v. Macon Telegraph Publishing Co., 507 F.2d 1084 (5th Cir. 1975); Brown v. D.C. Transit System, Inc., 173 U.S.App.D.C. 130, 523 F.2d 725 (1975).
On the simple issue as to whether or not the employee voluntarily left his employment for not complying with the employer’s dress and appearance code, we find that there is competent and substantial evidence supporting both the appeals referee’s decision as well as the order of the Industrial Relations Commission. The employee clearly did not voluntarily leave his employment. When asked by his supervisor whether he wished to comply with Gulf Power’s directives, Tucker did not make an outright demurrer, he only asked to be given one day to think about it and then was told if he could not immediately reply, he should consider himself terminated. The petition for review is denied.
Reference
- Full Case Name
- GULF POWER COMPANY v. The FLORIDA DEPARTMENT OF COMMERCE and Norman V. Tucker
- Cited By
- 1 case
- Status
- Published