SILVER SPRINGS, INC., APPELLANT,
v.
FLORIDA DEPARTMENT OF COMMERCE, DIVISION OF EMPLOYMENT SECURITY AND WALTER L. CUNNINGHAM, APPELLEES

Fla. 1st DCA | 1979-02-02
No. KK-454
MELVIN, J., and MITCHELL, HENRY CLAY, Associate Judge, concur.
366 So. 2d 876 Florida District Court of Appeal, First District (1979) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Silver Springs, Inc. appeals a Board of Review decision granting unemployment benefits to employee Walter Cunningham. The court reverses, holding that Cunningham was discharged for work-related misconduct—repeated disruptive incidents with female employees despite explicit warnings—and is therefore ineligible for unemployment benefits.


Holding

Cunningham was guilty of work-related misconduct and is not entitled to unemployment benefits. Repeated instances of misbehavior contrary to the employer's interests constitute 'misconduct' under the statute, and Cunningham's disregard for employment standards and explicit warnings established such misconduct.


Headnotes

[1] Repeated instances of misbehavior contrary to the employer's interests constitute "misconduct" precluding unemployment compensation.

[2] Disregarding explicit warnings about conduct and continuing in a disruptive course of behavior constitutes work-related misconduct.

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Key Quotes

“It is well established that repeated instances of misbehavior, contrary to the interest of the employer, constitute "misconduct" precluding unemployment compensation.”

Establishes the legal standard for work-related misconduct in unemployment compensation cases

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Facts & Procedural History

Cunningham was involved in at least three disruptive incidents with female employees. After the second episode, which was particularly flagrant, Cunni…

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Opinion of the Court
SMITH, Acting Chief Judge.

SMITH, Acting Chief Judge.

Appellant/employer appeals a final order of the Board of Review, Division of Unemployment Compensation, affirming the grant of unemployment benefits to appel-lee/employee Cunningham. The primary issue is whether Cunningham was discharged from his employment for “misconduct connected with his work.” Section 443.06(1), Florida Statutes (1977). Aware as we are of the limited scope of appellate review in the case, we conclude nonetheless that appellant was guilty of work-related misconduct and is not entitled to unemployment benefits under the statute.

The record reveals that Cunningham had been involved in at least three disruptive incidents with female employees at the time of his discharge, and had been warned after the second episode, a particularly flagrant one, that another incident would result in his release. It is well established that repeated instances of misbehav ior, contrary to the interest of the employer, constitute “misconduct” precluding unemployment compensation. Varig Brazilian Airlines v. Florida Department of Commerce, 354 So. 2d 921 (Fla. 3d DCA 1978); Castillo v. Florida Department of Commerce, 253 So. 2d 162 (Fla. 2d DCA 1971). Here it is clear that appellant not only disregarded the standards of employment which the employer had plainly set down, but also disregarded warnings about his conduct and continued in the same disruptive course.

On this record, we cannot countenance the Board’s grant of benefits to Cunningham; the order is therefore reversed with directions to disqualify him from benefits and relieve appellant’s account of any charges in connection with the claim.

REVERSED.

MELVIN, J., and MITCHELL, HENRY CLAY, Associate Judge, concur.


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Citator

Cited By

  • Pagan v. Fla. Dep't OF Labor & Emp. Sec., 374 So. 2d 551 (Fla. 3d DCA 1979)
    …nt Security, 354 So. 2d 921 (Fla. 3d DCA 1978); Catholic Social Services v. Florida Department of Commerce, Board of Review, 365 So. 2d 427 (Fla. 1st DCA 1978); Silver Springs, Inc. v. Florida Department of Commerce, Division of Employment Security, 366 So. 2d 876 (Fla. 1st DCA 1979); and Woodworth v. Department of Education, Office of Blind Services, 369 So. 2d 1040 (Fla. 4th DCA 1979).…

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