C. F. INDUSTRIES, INC., PETITIONER,
v.
JOHN LEE LONG, JR., AND DIVISION OF EMPLOYMENT SECURITY OF THE DEPARTMENT OF COMMERCE, STATE OF FLORIDA, RESPONDENTS
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C.F. Industries, Inc. discharged John Lee Long, Jr. for misconduct after a history of work violations and alleged falsification of test records. The Board of Review reversed the appeals referee's denial of unemployment benefits, but the district court reversed the Board's decision and reinstated the referee's order, holding that competent, substantial evidence supported the finding of misconduct.
The court held that the appeals referee's decision denying unemployment compensation was supported by competent, substantial evidence of misconduct and that the Board of Review erred in reversing it. The accumulated evidence of Long's employment record, including the alleged falsification of records, was sufficient to justify the discharge for misconduct.
[1] An appeals referee's decision regarding unemployment compensation is subject to review by the appellate court for competent, substantial evidence.
[2] The Board of Review should affirm an appeals referee's decision if there is competent, substantial evidence to support it.
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Join FLexlaw to unlock all legal intelligence“"Misconduct" ... is limited to conduct evincing such wilful or wanton disregard of an employer's interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer.”
Establishes the legal definition of misconduct for unemployment compensation purposes that the court applied in this case.
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Join FLexlaw to unlock all legal intelligenceLong was employed by C.F. Industries and discharged on July 13, 1977. His employment record contained twenty-two instances of excessive tardiness, abs…
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SCHEB, Judge.
An appeals referee held that an employee of petitioner was not entitled to unemployment compensation since he was properly discharged for misconduct. The Board of Review reversed. Petitioner now seeks our review of the Board’s action pursuant to § 443.07(4)(e), Fla.Stat. (1977). We reverse.
On July 13, 1977, petitioner C.F. Industries, Inc. terminated respondent John Lee Long, Jr.’s employment. Five days later Long filed a claim for unemployment compensation. A claims examiner and later the appeals referee denied the claim, holding that respondent had been properly discharged for misconduct connected with his work.1
At the hearing before the appeals referee, petitioner’s personnel supervisor, Doug Paik, testified that he was familiar with Long’s employment record. He presented an abstract of that record showing twenty-two separate instances of excessive tardiness, excessive absenteeism, violation of safety rules, failure to report an accident involving injury, and unsatisfactory performance. In each case Long was given a warning or a layoff which in one case amounted to two weeks.
Mr. Paik also presented .a report by Long’s supervisor on the incident which apparently led directly to Long’s discharge. In that report, the supervisor stated that Long had falsified records of tests which he had been running and had lied when confronted with evidence of the falsification.
Respondent Long testified in his own behalf. He denied that he had falsified records or lied to the supervisor. He also stated that only one of the layoffs had been justified.
After the hearing, the referee entered an order affirming the decision of the claims examiner. He found that petitioner had failed to prove that Long had fabricated records but that the accumulated evidence was sufficient to justify Long’s discharge for misconduct. Long appealed this decision to the Board of Review which reversed, holding that petitioner would not have fired Long except for his final act of falsifying records and that since petitioner did not establish that Long had falsified records the evidence did not support a finding that petitioner discharged Long for misconduct connected with his work.
In deciding whether the Board of Review erred by reversing the decision of the appeals referee we must determine whether there was competent, substantial evidence to support the referee’s decision. If there was, then the Board of Review should have affirmed. Department of Commerce v. Dietz, 349 So. 2d 1226 (Fla. 2d DCA 1977).
On several occasions we have approved the following definition of misconduct: “Misconduct” ... is limited to conduct evincing such wilful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer. On the other hand mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed “misconduct” within the meaning of the statute.
Wike v. Department of Commerce, 363 So. 2d 1139, at 1140 (Fla. 2d DCA 1978); Hammett v. Department of Commerce, 352 So. 2d 948, 949 (Fla. 2d DCA 1977); Fredericks v. Department of Commerce, 323 So. 2d 286, 288 (Fla. 2d DCA 1975). Under this definition we believe that there was competent, substantial evidence to support the referee’s holding that petitioner discharged Long for misconduct connected with his work. See Bagwell Lumber Company v. Department of Commerce, 353 So. 2d 1261 (Fla. 2d DCA 1978).
Accordingly, we quash the decision of the Board of Review and remand this case with directions that the Board reinstate the decision of the appeals referee.
HOBSON, Acting C. J., and DANAHY, J., concur. . § 443.06, Fla.Stat. (1977) provides:
“An individual shall be disqualified for benefits . . . [when] he has been discharged by his employing unit for misconduct connected with his work . . .
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Mason v. Load King Mfg. Co. & the Fla. Unemployment Appeals Comm'n, 758 So. 2d 649 (Fla. 2000)…mployee’s discharge. In fact, at least one Florida case has found misconduct and denied unemployment compensation even when the final act leading directly to the employee’s discharge was not proved by the employer. See C.F. Industries, Inc. v. Long, 364 So. 2d 864 (Fla. 2d DCA 1978).4 In order to prove misconduct under Tallahassee Housing Authority, employers have the burden of demonstrating both excessiveness and wilfulness in the employee’s actions. The term “unauthorized” implicitly connotes an element of…1 / 2
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Hartenstein v. Fla. Dep't OF Labor & Emp. Sec., 383 So. 2d 759 (Fla. 2d DCA 1980)…of Commerce, 352 So. 2d 948 (Fla. 2d DCA 1977). It is true, as the employer suggests, that an employee’s entire employment history can be considered in determining whether the employee was discharged for misconduct. C. F. Industries, Inc. v. Long, 364 So. 2d 864 (Fla. 2d DCA 1978). However, a consideration of the examples of alleged misconduct in the case before us in combination does not elevate them to the standard prohibited by the statute. In cases where misconduct was found on the [*762] basis of a con…
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Saundra L. Blodgett v. Fla. Unemployment Appeals Comm'n, 880 So. 2d 814 (Fla. 1st DCA 2004)
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State of Fla. Dep't OF Commerce v. Dietz, 349 So. 2d 1226 (Fla. 2d DCA 1977)
- Willis v. State, 323 So. 2d 286 (Fla. 3d DCA 1975)
- Fredericks v. Fla. Dep't OF Commerce, 323 So. 2d 286 (Fla. 2d DCA 1975)
- Hammett v. Fla. Dep't OF Commerce, 352 So. 2d 948 (Fla. 2d DCA 1977)
- Williams v. State, 353 So. 2d 1261 (Fla. 3d DCA 1978)
- Bagwell Lumber Co. v. Fla. Dep't OF Commerce, 353 So. 2d 1261 (Fla. 2d DCA 1978)
- Wike v. Fla. Dep't OF Commerce, 363 So. 2d 1139 (Fla. 2d DCA 1978)