CITY OF RIVIERA BEACH, FLORIDA, APPELLANT,
v.
FLORIDA DEPARTMENT OF COMMERCE, DIVISION OF EMPLOYMENT SECURITY AND WINNIE L. SIMPKINS, APPELLEES
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The City of Riviera Beach appealed an unemployment compensation award to Winnie L. Simpkins, arguing that her failure to report for work after her requested vacation extension was denied constituted misconduct. The court reversed, holding that an employee's flagrant and intentional disobedience to a supervisor's valid work order constitutes misconduct under Florida law.
The court held that Ms. Simpkins' failure to report for work constituted misconduct. The court reversed the Board of Review, finding that flagrant and intentional disobedience to a valid work order by a supervisor constitutes misconduct per se and grounds for denial of unemployment benefits.
[1] Continued absenteeism that hampers the operation of a business constitutes an intentional disregard of the employer's vital interests and the employee's duties, amounting…
[2] Flagrant and intentional disobedience to a valid work order by a supervisor on the job should be characterized as misconduct.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“An employer has a right to expect reasonable work habits from an employee. Continued absenteeism, which hampers the operation of a business, constitutes an intentional disregard of the employer's vital interests, and of the employee's duties, and amounts to misconduct per se.”
Establishes the legal standard for what constitutes misconduct in employment termination cases
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Join FLexlaw to unlock all legal intelligenceSimpkins was employed as a cashier clerk by the City of Riviera Beach until March 9, 1977, when she was terminated for absence from duty without leave…
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MIETTE K. BURNSTEIN, Associate Judge.
This is an appeal from an Order of the Board of Review, affirming the Department of Commerce Unemployment Compensation Appeals Referee, and allowing Ms. Simpkins unemployment compensation benefits. The Referee held that under the circumstances, Ms. Simpkins’ failure to report for work did not constitute misconduct in accordance with Section 443.06 F.S.A. Ms. Simpkins was employed by the City of Riviera Beach, Florida, as a cashier clerk in the Utilities Billing Department until March 9, 1977, when she was fired. Although her personnel file indicated that she had, from time to time, been reprimanded for a generally “. . . uncooperative attitude . . . her dismissal was based upon “. . . [a]bsence from duty without leave, or failure to report after leave of absence has expired”.
The testimony of the utility billing supervisor showed that on February 23, the Appellee, Ms. Simpkins, asked for and got a one week paid vacation from February 28 through March 4. On March 4, she again requested a vacation for another week. She was given two additional days, March 7 and March 8, and instructed by certified mail and verbally by telephone to return to work on March 9. Ms. Simpkins phoned the supervisor for the purpose of yet another extension, but notwithstanding that she did not reach her supervisor, failed to report for work.
Ms. Simpkins excuses her requests for vacation on the basis that she had just adopted a baby and needed some time to “. . get adjusted to her”. The City, through its personnel director and utilities billing supervisor, justifies its refusal of additional vacation time on the basis that late requests made it difficult to get replacements and otherwise plan for her absence. Additionally, out of the 47 working days immediately preceding March 9, 1977, Ms. Simpkins took 9 days sick leave and 7 days vacation time (all the vacation time to which Ms. Simpkins was entitled).
An employer has a right to expect reasonable work habits from an employee. Continued absenteeism, which hampers the operation of a business, constitutes an intentional disregard of the employer’s vital interests, and of the employee’s duties, and amounts to misconduct per se. Castillo v. Florida Department of Commerce, 253 So. 2d 162 (Fla. 2nd D.C.A. 1971).
This Court, in Citrus Central v. Detwiler, 368 So. 2d 81 (Fla. 4th D.C.A. 1979) held that “. . . flagrant and intentional disobedience to a valid work order by a supervisor on the job should indeed be characterized as misconduct on the job and that the ruling of the Board of Review to the contrary is not in accord with the law”.
The Order of the Board of Review is hereby reversed.
LETTS and MOORE, JJ., concur.
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Tallahassee Hous. Auth. v. Fla. Unemployment Appeals Comm'n, 483 So. 2d 413 (Fla. 1986)…st, under section 443.036(24), Florida Statutes (1983), show by a preponderance of proof that the absences were unexcusa-ble and detrimental to the employer’s interests.1 We find conflict with City of Riviera Beach v. Florida Department of Commerce, 372 So. 2d 1007 (Fla. 4th DCA 1979). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash the district court’s decision and direct that the case be remanded for a new evidentiary hearing. [*414] Respondent Connell Barron was discharged by the petitioner, T…
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Sanchez v. Dep't of Labor & Emp. Sec., 411 So. 2d 313 (Fla. 3d DCA 1982)…mpensation. Florida Junior College at Jacksonville v. Florida Department of Labor, Division of Employment Security, 381 So. 2d 1120 (Fla. 1st DCA 1979); City of Riviera [*315] Beach v. Florida Department of Commerce, Division of Employment Security, 372 So. 2d 1007 (Fla. 4th DCA 1979). When viewed against this legal background, the record in this case clearly evinces substantial evidence in support of disqualifying Sanchez from eligibility for unemployment compensation benefits. Affirmed.…
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Etta M. Goldstein v. URY Kalai, M.D., P.A., 480 So. 2d 695 (Fla. 4th DCA 1985)…otest additional work assignment); Fort Myers Pump and Supply, Inc. v. Fla. Dept. of Labor and Employment Security, 373 So. 2d 429 (Fla. 2d DCA 1979) (repeated insubordination constitutes misconduct); City of Riviera Beach v. Fla. Dept. of Commerce, 372 So. 2d 1007 (Fla. 4th DCA 1979) (misconduct where employee who had taken nine sick days in preceding 47-day period failed to return to work or to telephone following scheduled vacation, contrary to express instructions of employer; continued absenteeism, which…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- John v. Smith and Lucy L. Smith, 368 So. 2d 81 (Fla. 4th DCA 1979)
- Castillo v. Fla. Dep't OF Commerce, 253 So. 2d 162 (Fla. 2d DCA 1971)