IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT JANUARY TERM 2003
WILLIAM A. THOMPSON,
Appellant,
v. CASE NO. 5D02-1829
UNEMPLOYMENT APPEALS COMMISSION,
Appellee.
/
Opinion filed July 3, 2003.
Administrative Appeal from the
Florida Unemployment Appeals Commission.
William A. Thompson, Orlando, pro se.
John D. Maher, Deputy General Counsel,
Tallahassee, for Appellee.
THOMPSON, J.
William A. Thompson appeals an order of the Florida Unemployment Appeals Commission. We
affirm.
Thompson voluntarily resigned from his employer, Trader Publishing Company ("Trader
Publishing"). In filing for unemployment compensation benefits, Thompson alleged that he resigned because
Trader Publishing was reducing his income. The claims adjuster awarded Thompson unemployment
benefits, and Trader Publishing appealed the agency's determination and requested a hearing. Trader
Publishing argued that it had informed Thompson that although Thompson's revenue base was declining,
Trader Publishing would supplement his income by increasing his commission rate.
A hearing was conducted before an appeals referee who found that Thompson did not quit his job
for good cause because his earning power was still available to him. The appeals referee noted that
although Thompson's accounts had been reduced, his earning potential was greater because his commission
was increased to 20 percent. The referee further wrote that Thompson did not give himself a fair chance
to determine what his true earning potential would have been. After being disqualified from unemployment
benefits, Thompson requested a review of the referee's decision by the UAC, and the UAC affirmed the
referee's decision.
On appeal, Thompson attempts to assert new issues of fact and alleges that he left his employer
not because of a reduction in his pay rate, but because of other circumstances including his belief that
Trader Publishing was attempting to force him out. Thompson's version of facts are different from the
referee's findings, and Thompson has not provided a transcript of the hearing. The referee's determinations
are presumed correct where it is impossible to establish error without a transcript. Smith v. Unemployment
Appeals Com'n, 823 So. 2d 873 (Fla. 5th DCA 2002).
In the instant case, no error has been established. Thompson resigned from his job, and an
employee who voluntarily leaves work without good cause attributable to his or her employer is disqualified
from receiving unemployment benefits. § 443.101 (1)(a), Fla. Stat. "Good cause for voluntarily quitting
are those circumstances which would impel the average, able bodied, qualified worker to give up his or her
employment." See Miller v. Unemployment Appeals Com'n, 768 So. 2d 1218 (Fla. 4th DCA 2000).
While workplace changes such as a reduction, or a change, in hours or salary may constitute good
cause attributable to the employer, see Manning v. State Unemployment Appeals Com'n, 787 So. 2d 954
(Fla. 4th DCA 2001), Thompson has not shown a good cause basis for his resignation. The referee found
that although Thompson's accounts had been reduced, his earning potential was greater because his
commission was increased to 20 percent. Further, because Thompson resigned a week after Trading
Publishing implemented the new policy, Thompson could not prove that his salary would, in fact, decrease.
The UAC's order affirming the referee's findings is AFFIRMED.
SAWAYA, C.J., and TORPY, J., concur.