JAMES R. EASTON, APPELLANT,
v.
STATE OF FLORIDA UNEMPLOYMENT APPEALS COMMISSION AND TURNBERRY COUNTRY CLUB, APPELLEES
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A single instance of poor judgment, such as taking a drink of juice contrary to policy, does not constitute misconduct sufficient to disqualify an employee from receiving unemployment benefits.
[1] An employee may be denied unemployment benefits for misconduct connected with work, but the statute must be construed narrowly in favor of the claimant.
[2] A single act of poor judgment by an employee is generally insufficient to disqualify them from receiving unemployment benefits.
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Join FLexlaw to unlock all legal intelligenceAn employee was discharged for taking a glass of grapefruit juice from the room service area, violating a zero tolerance policy. The employee poured t…
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PER CURIAM.
James Easton appeals a final order disqualifying him from receiving unemployment benefits due to misconduct connected with work. We reverse.
In March, 1994, Easton began employment as a security officer at Turnberry Country Club. On October 1, 1995, a manager saw Easton pour himself a glass of grapefruit juice in the room service area, contrary to the employer’s zero tolerance policy against employees helping themselves to beverages anywhere but in the employee cafeteria. When confronted by the manager, Ea-ston did not drink the juice and poured it back into the container. Easton had been working outside, was thirsty, and believed that the hotel water supply was contaminated due to recent heavy rain. Turnberry discharged Easton for unauthorized consumption of company beverages. The denial of Easton’s claim for unemployment benefits was affirmed by the Unemployment Appeals Commission.
An employee may be denied benefits under section 443.101(1), Florida Statutes (1995), for misconduct connected with work. In determining what constitutes misconduct that would disqualify a claimant from receiving unemployment benefits, courts are to construe the statute narrowly in favor of the claimant. E.g., Hummer v. Florida Unemployment Appeals Comm’n, 573 So. 2d 135 (Fla. 5th DCA 1991).
Following this approach, we find that this case involves a single act of poor judgment that was not sufficient to disqualify Easton from receiving benefits. See Cooks v. Unemployment Appeals Comm’n, 670 So. 2d 178 (Fla. 4th DCA 1996); Bulkan v. Florida Unemployment Appeals Comm’n, 648 So. 2d 846 (Fla. 4th DCA 1995); Grossman v. J.C. Penney Co., 689 So. 2d 1206 (Fla. 3d DCA 1997); Howden v. Pronet, Inc., 688 So. 2d 1001 (Fla. 2d DCA 1997); Betancourt v. Sun Bank Miami, N.A., 672 So. 2d 37, 38 (Fla. 3d DCA 1996). We reverse the order of the Unemployment Appeals Commission and remand for an award of unemployment compensation benefits to Easton.
GLICKSTEIN, FARMER and GROSS, JJ., concur.
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Hall v. Fla. Unemployment Appeals Comm'n & Sunrise Cmty., Inc., 700 So. 2d 107 (Fla. 1st DCA 1997)…ct and then invoked the line of cases in which a single incident of misconduct was held to be insufficient as a matter of law to disqualify the terminated employee from receipt of unemployment benefits. Compare Easton v. Unemployment Appeals Comm’n, 693 So. 2d 712 (Fla. 4th DCA 1997)(single incident of poor judgment with which employee was charged, pouring a glass of juice in a room other than the employee cafeteria in contravention of employer’s policy, held insufficient as a matter of law to disqualify the…1 / 2
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Durall v. Unemployment Appeals Comm'n & BellSouth Commc'n Sys., Inc., 743 So. 2d 166 (Fla. 4th DCA 1999)…2 So. 2d 1222, 1223 (Fla. 4th DCA 1996). Further, in determining what constitutes misconduct under that standard, courts are to construe the statute providing the standard narrowly in favor of the claimant. See Easton v. Unemployment Appeals Comm’n, 693 So. 2d 712, 713 (Fla. 4th DCA 1997). Here, Durall did not challenge or undermine her employer in any way. Her conduct, if we accept the transcribed conversation, was not an intentional or wanton disregard of BellSouth’s interests. Durall did not know her conv…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hummer v. Unemployment Appeals Comm'n, 573 So. 2d 135 (Fla. 5th DCA 1991)
- Cooks v. Unemployment Appeals Comm'n & Fort Lauderdale Lighthouse for the Blind, Inc., 670 So. 2d 178 (Fla. 4th DCA 1996)
- Grossman v. J.C. Penney Co. 2071 & Fla. Unemployment Appeals Comm'n, 689 So. 2d 1206 (Fla. 3d DCA 1997)
- Ellington v. State, 648 So. 2d 846 (Fla. 2d DCA 1995)
- Bulkan v. Fla. Unemployment Appeals Comm'n & Terry Ford Co., 648 So. 2d 846 (Fla. 4th DCA 1995)
- Philip Morris, Inc. v. Broin, 672 So. 2d 37 (Fla. 3d DCA 1996)
- Amaury P. Betancourt, Jr. v. SUN Bank Miami, N.A., 672 So. 2d 37 (Fla. 3d DCA 1996)
- Howden v. Pronet, Inc., 688 So. 2d 1001 (Fla. 2d DCA 1997)