RICHARD L. LUCAS, APPELLANT,
v.
UNEMPLOYMENT APPEALS COMMISSION AND GENERAL TELEPHONE COMPANY OF FLORIDA, APPELLEES
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Richard Lucas appealed a denial of unemployment compensation benefits after being discharged for striking a coworker during lunch break. The court reversed, holding that a single episode of loss of self-control by a longtime worker does not constitute misconduct under Florida law, particularly where the employee's actions were provoked by the coworker's aggressive behavior.
The court held that Lucas' conduct did not rise to the level of misconduct. A single episode of loss of self-control by a longtime worker does not constitute misconduct as defined in Florida Statutes section 443.036(26), particularly where the employee's actions were provoked by unprovoked aggressive conduct from the coworker.
[1] A single episode of loss of self-control by a longtime worker does not constitute misconduct for unemployment compensation purposes.
[2] An employee's physical reaction to a coworker's aggressive acts, even if excessive, may not be considered misconduct if it was unprovoked.
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Join FLexlaw to unlock all legal intelligence“A single episode of loss of self-control by a longtime worker does not constitute misconduct as defined in section 443.036(26), Florida Statutes (1993).”
The core holding establishing the legal standard for what constitutes misconduct in unemployment compensation cases.
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Join FLexlaw to unlock all legal intelligenceLucas, a cable installer and repairer for General Telephone Company, worked with a coworker who was argumentative and abusive, persistently antagonizi…
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FRANK, Judge.
Richard Lucas has appealed from an order of the Unemployment Appeals Commission finding that he was ineligible for unemployment compensation benefits because he was discharged for misconduct connected with work. Although Lucas did strike another employee while the two were on their lunch break, we have concluded that Lucas’ behavior did not rise to the level of misconduct, and we reverse.
Lucas, a cable instaUer and repairer, had been assigned to work with another General Telephone Company employee. The other employee, according to Lucas, was argumentative and abusive, persistently antagonizing him about working faster. On the day in question the harassment continued during the lunch break. The other employee leaned against the driver’s door of Lucas’ truck, glaring at him and yelling at him to return to work. As the other employee continued to push up against the truck, Lucas felt threatened and compelled to exit the truck. The other employee rushed at him, and Lucas shoved him back with an open hand. In a statement to the supervisor who fired him, Lucas admitted that he had lost his temper.
At the hearing the employer presented several hearsay versions of the events, only one of which survived excision by the appeals commission on review.
However, the employer’s own account of events does not really contradict Lucas’ story in the essential detail that Lucas felt threatened by the coworker’s “invasion of his space” before he struck him.
Thus, even when credibility issues are resolved in the employer’s favor, both versions of the incident support the view that the co-worker acted aggressively.
At the hearing the GTE representative admitted that the sole reason for Lucas’ discharge was the fight. Some testimony was admitted concerning prior disciplinary incidents involving Lucas — a prior DUI, a past problem with excessive absenteeism that had been resolved, and a verbal warning about using the lunch hour to work out at a gym. These incidents did not contribute to the decision to fire Lucas, however; termination was precipitated solely by the physical altercation.
The facts of this case indicate that Lucas acted with poor judgment. He reacted emotionally to his co-worker’s aggressive acts, and he lashed out physically. His action may have been excessive but it cannot be deemed unprovoked. Under these circumstances the reversal of the denial of benefits based upon misconduct is unwarranted. Garguilo v. Florida Unemployment Appeals Commission, 642 So. 2d 784 (Fla. 2d DCA 1994); General Asphalt Co. v. Harris, 563 So. 2d 803 (Fla. 3d DCA 1990); Anderson v. Florida Unemployment Appeals Commission, 517 So. 2d 754 (Fla. 2d DCA 1987).
A single episode of loss of self-control by a longtime worker does not constitute misconduct as defined in section 443.036(26), Florida Statutes (1993).
See Benitez v. Girlfriday, Inc., 609 So. 2d 665 (Fla. 3d DCA 1992); Gunther v. Barnett Banks, Inc., 598 So. 2d 243 (Fla. 2d DCA 1992).
Accordingly, we reverse the Commission’s order with instructions that the claimant’s unemployment compensation benefits be reinstated.
RYDER, A.C.J., and PATTERSON, JJ., concur.
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Earnest Jackson v. Unemployment Appeals Comm'n, 730 So. 2d 719 (Fla. 5th DCA 1999)…14, 716 (Fla. 4th DCA 1998). The parties are in agreement that fighting does not constitute “misconduct” per se; rather, an important consideration is whether the fighting employee was provoked into action. See Lucas v. Unemployment Appeals Comm’n, 664 So. 2d 1043 (Fla. 2d DCA 1995) (reversing denial of benefits where claimant “acted with poor judgment” but was provoked; noting that “[a] single episode of loss of self-control by a longtime worker does not constitute misconduct”); Garguilo v. Florida Unemploym…
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Albertha M. Donnell v. Univ. Cmty. Hosp. & Fla. Unemployment Appeals Comm'n, 705 So. 2d 1031 (Fla. 2d DCA 1998)…omm’n, 635 So. 2d 1028 (Fla. 2d DCA 1994). A single incident of poor judgment or loss of self-control by a longtime employee does not constitute misconduct under section 443.036(26), Florida Statutes (1993). See Lucas v. Unemployment Appeals Comm’n, 664 So. 2d 1043 (Fla. 2d DCA 1995); Gunther v. Barnett Banks, Inc., 598 So. 2d 243 (Fla. 2d DCA 1992). Although Donnell was wrong to violate the garbage can liner policy and then to argue with her supervisor, these actions do not constitute “misconduct” as defined…
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Vilar v. Unemployment Appeals Comm'n & Cintas Corp. No. 2, 889 So. 2d 933 (Fla. 2d DCA 2004)…omm’n, 635 So. 2d 1028 (Fla. 2d DCA 1994). A single incident of poor judgment or loss of self-control by a longtime employee does not constitute misconduct under section 443.036(26), Florida Statutes (1993). See Lucas v. Unemployment Appeals Comm’n, 664 So. 2d 1043 (Fla. 2d DCA 1995); Gunther v. Barnett Banks, Inc., 598 So. 2d 243 (Fla. 2d DCA 1992).... “Although an employee’s actions may justify discharge, the same conduct does not necessarily preclude entitlement to unemployment benefits.” Betancourt v. Sun…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Benitez v. Girlfriday, Inc., 609 So. 2d 665 (Fla. 3d DCA 1992)
- Foster Gunther v. Barnett Banks, Inc., 598 So. 2d 243 (Fla. 2d DCA 1992)
- Gen. Asphalt Co., Inc. v. Harris, 563 So. 2d 803 (Fla. 3d DCA 1990)
- Anderson v. Fla. Unemployment Appeals Comm'n, 517 So. 2d 754 (Fla. 2d DCA 1987)
- Garguilo v. Fla. Unemployment Appeals Comm'n, 642 So. 2d 784 (Fla. 2d DCA 1994)