DORCIUS DORISMA, APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEE
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.
The court held that an employee's refusal to work extra hours during an unusual workplace situation constitutes misconduct under Florida's Unemployment Compensation Law.
The appellant, a manager, refused his employer's request to work extra hours during an unusual workplace situation where the labor crew was already wo…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Florida Unemployment Compensation Law cases and more on FLexlaw
GERSTEN, Judge.
This is an appeal from an order of the Florida Unemployment Appeals Commis sion, denying appellant unemployment benefits. The Florida Unemployment Appeals Commission determined that the appellant was properly discharged for misconduct. We agree and affirm.
Dorcius Dorisma, the appellant, contends that his refusal to work extra hours was not misconduct under Florida’s Unemployment Compensation Law. § 443.036(25), Fla.Stat. (1987). The Florida Unemployment Appeals Commission, the appellee, asserts that the employer’s request that appellant work extra hours was a reasonable request under the existing unusual workplace situation.
The appellant’s employer requested that appellant, a manager, work extra hours. An unusual workplace situation existed where the employer’s crew (labor) was already working overtime, and the employer clearly needed appellant’s supervisory services. Appellant, for an unknown reason, refused to do extra work and the employer discharged him. We find that the employer’s request of appellant to work extra hours was a reasonable request under the extreme workplace situation. Therefore, appellant’s refusal to work additional hours under these circumstances constitutes misconduct under section 443.036(25), Florida Statutes (1987). See National 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Benitez v. Girlfriday, Inc., 609 So. 2d 665 (Fla. 3d DCA 1992)…e not necessary to constitute misconduct within the meaning of chapter 443, Florida Statutes. In the following cases, single acts of insubordination have been held sufficient to constitute misconduct. Dorisma v. Florida Unemployment Appeals Comm’n, 544 So. 2d 1110 (Fla. 3d DCA 1989); Stahl v. Unemployment Appeals Comm’n, 502 So. 2d 78 (Fla. 3d DCA 1987); National Ins. Servs., Inc. v. Unemployment Appeals Comm’n, 495 So. 2d 244 (Fla. 2d DCA 1986); Craft, Inc. v. Unemployment Appeals Comm’n, 478 So. 2d 1183 (Fl…
-
Bozzo v. Safelite Glass Corp. & Fla. Unemployment Appeals Comm'n, 654 So. 2d 1042 (Fla. 3d DCA 1995)
-
Brownstein v. Hartwell Enters., Inc., 647 So. 2d 1004 (Fla. 3d DCA 1994)…eek- [*1006] long assignment and makes no effort to communicate with the employer regarding a change in plans, the willful disregard of the employer’s interest constitutes disqualifying misconduct. See Dorisma v. Florida Unemployment Appeals Comm’n, 544 So. 2d 1110 (Fla. 3d DCA 1989); National Ins. Svcs., Inc. v. Florida Unemployment Appeals Comm’n, 495 So. 2d 244 (Fla. 2d DCA 1986), Kraft, Inc. v. State, Unemployment Appeals Comm’n, 478 So. 2d 1183 (Fla. 2d DCA 1985). We, therefore, affirm the Commission’s ru…
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
- Nat'l Ins. Servs., Inc. v. Fla. Unemployment Appeals Comm'n & Janice A. Davis, 495 So. 2d 244 (Fla. 2d DCA 1986)
- Kraft v. State, 478 So. 2d 1183 (Fla. 2d DCA 1985)
- Ubaldo Fernandez v. State, 425 So. 2d 198 (Fla. 3d DCA 1983)