UBALDO FERNANDEZ, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Lewis v. Unemployment Appeals Comm'n, 498 So. 2d 608 (Fla. 5th DCA 1986)
  …performance as a result of inability or incapacity, inad-vertencies or ordinary negligence in isolated instances, or good faith error in judgment or discretion do not constitute misconduct under the statute. Davis v. Unemployment Appeals Commission, 425 So. 2d 198 (Fla. 5th DCA 1983). The burden of proving misconduct is on the employer. Sheriff of Monroe County v. Unemployment Appeals Commission, 490 So. 2d 961 (Fla. 3d DCA 1986). [*610] In the instant case, the conduct which forms the basis of Lewis’ termina…
• Vazquez v. GFC Builders Corp. & Unemployment Appeals Comm'n, 431 So. 2d 739 (Fla. 4th DCA 1983)
  …in such instance where a change of duties is made and the employee refuses to perform, the employee is guilty of misconduct which is sufficient to relieve the employer of liability for unemployment benefits. Davis v. Unemployment Appeals Commission, 425 So. 2d 198 (Fla. 5th DCA 1983). See generally 81 C.J.S. Social Security § 224. However, if there is a positive understanding at the outset, as in the case of Vazquez, that an employee will not be required to perform a certain task, we hold that the employer ca…
• Dorcius Dorisma v. Fla. Unemployment Appeals Comm'n, 544 So. 2d 1110 (Fla. 3d DCA 1989)
  …onal Insurance Services, Inc. v. Florida Unemployment Appeals Commission, 495 So. 2d 244 (Fla. 2d DCA 1986); Kraft, Incorporated v. State, Unemployment Appeals Commission, 478 So. 2d 1183 (Fla. 2d DCA 1985); Davis v. Unemployment Appeals Commission, 425 So. 2d 198 (Fla. 5th DCA 1983). Affirmed.…

Authorities Cited

• Terry v. Ohio, 392 U.S. 1 (U.S. 1968)
• Wilson v. State, 324 So. 2d 700 (Fla. 4th DCA 1976)