JOSEPH W. LAROCCA, APPELLANT,
v.
UNEMPLOYMENT APPEALS COMMISSION AND DOCTORS AND PHYSICIANS LABORATORY, INC., APPELLEES
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LaRocca was entitled to unemployment compensation benefits because his discharge resulted from an isolated act of poor judgment rather than misconduct as defined by Florida law.
An employee discharged for an isolated act involving poor judgment, rather than misconduct as defined by Chapter 443 of the Florida Statutes, is entitled to unemployment compensation benefits.
[1] Discharge for an isolated act of poor judgment, as distinguished from misconduct, does not disqualify an employee from unemployment compensation benefits under Florida la…
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Join FLexlaw to unlock all legal intelligenceLaRocca was discharged from his employment at Doctors and Physicians Laboratory, Inc. The appeals referee and Unemployment Appeals Commission denied h…
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PER CURIAM.
Joseph W. LaRocca timely appeals an order of the Unemployment Appeals Commission affirming the appeals referee’s decision to deny LaRoeca’s claim for unemployment compensation benefits. Based on the uncon-troverted evidence in this case, we conclude that, as a matter of law, LaRocca was discharged for an isolated act involving poor judgment rather than misconduct as defined by Chapter 443 of the Florida Statutes.1 See Lewis v. Unemployment Appeals Commission, 598 So. 2d 318 (Fla. 5th DCA 1992); Pallas v. Unemployment Appeals Commission, 578 So. 2d 487 (Fla. 5th DCA 1991); Erber v. Federal Express Corp., 409 So. 2d 522 (Fla. 5th DCA 1982). See also Paul v. Jabil Circuit Co., 627 So. 2d 545 (Fla. 2d DCA 1993); Nelson v. Burdines, Inc., 611 So. 2d 1329 (Fla. 3d DCA 1993); Benitez v. Girlfriday, Inc., 609 So. 2d 665 (Fla. 3d DCA 1992). Cf. Orange Bank v. Unemployment Appeals Commission, 611 So. 2d 107 (Fla. 5th DCA 1992), rev. denied, 621 So. 2d 1066 (Fla. 1993); Lake County Sheriffs Department v. Unemployment Appeals Commission, 478 So. 2d 880 (Fla. 5th DCA 1985); Sears, Roebuck & Co. v. Unemployment Appeals Commission, 463 So. 2d 465 (Fla. 2d DCA 1985). Accordingly, we reverse and remand this cause for entry of an order granting La-Rocca’s claim for unemployment compensation benefits.
REVERSED and REMANDED.
COBB, W. SHARP and DIAMANTIS, JJ., concur. . See § 443.101(l)(a), Fla.Stat. (Supp.1992); § 443.036(26), Fla.Stat. (1991).
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Miller v. Barnett Bank OF Broward Cnty. & Fla. Unemployment Appeals Comm'n, 650 So. 2d 1089 (Fla. 3d DCA 1995)…g numerous overdrafts despite a warning); Terjesen v. Florida Unemployment Appeals Comm’n, 491 So. 2d 1189 (Fla. 3d DCA 1986) (bank teller not entitled to benefits after several acts of mishandling funds) with LaRocca v. Unemployment Appeals Comm’n, 643 So. 2d 1199, 1199 (Fla. 5th DCA 1994) (benefits improperly denied where claimant “discharged for an isolated act involving poor judgment rather than [statutory] misconduct”) and Gunther v. Barnett Banks, Inc., 598 So. 2d 243 (Fla. 2d DCA 1992) (bank security of…
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Orchid G. Galletti v. Piedmont Airlines, Inc., 652 So. 2d 408 (Fla. 3d DCA 1995)…inding of poor judgment, rather than misconduct of such a magnitude as to amount to a sacrifice of unemployment compensation.” Bulkan v. Florida Unemployment Appeals Comm’n, 648 So. 2d 846 (Fla. 4th DCA 1995); LaRocca v. Unemployment Appeals Comm’n, 643 So. 2d 1199 (Fla. 5th DCA 1994); Doyle v. Florida Unemployment Appeals Comm’n, 635 So. 2d 1028 (Fla. 2d DCA 1994); Nemeth v. Palm Garden of Port St. Lucie, 629 So. 2d 1010 (Fla. 4th DCA 1993), review denied, 639 So. 2d 984 (Fla.1994); Kelley v. Pueblo Wholesale…
Authorities Cited
- Benitez v. Girlfriday, Inc., 609 So. 2d 665 (Fla. 3d DCA 1992)
- Sears v. Fla. Unemployment Appeals Comm'n & Garry C. Ganey, Sr., 463 So. 2d 465 (Fla. 2d DCA 1985)
- Ira A. Erber v. Fed. Express Corp. & Dep't of Labor & Unemployment Sec., 409 So. 2d 522 (Fla. 5th DCA 1982)
- Paul v. Jabil Cir. Co. & Fla. Unemployment Appeals Comm'n, 627 So. 2d 545 (Fla. 2d DCA 1993)
- Nelson v. Burdines, Inc., 611 So. 2d 1329 (Fla. 3d DCA 1993)
- Orange Bank v. Unemployment Appeals Comm'n & Janice S. Sloan, 611 So. 2d 107 (Fla. 5th DCA 1992)
- Lake Cnty. Sheriff's Dep't v. Unemployment Appeals Comm'n, 478 So. 2d 880 (Fla. 5th DCA 1985)
- Pallas v. Unemployment Appeals Comm'n, 578 So. 2d 487 (Fla. 5th DCA 1991)
- Alfonzo B. Lewis v. Unemployment Appeals Comm'n, 598 So. 2d 318 (Fla. 5th DCA 1992)