CHRISTOPHER J. COFFEY, APPELANT,
v.
FLORIDA FOSTER CARE REVIEW PROJECT INC., AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
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PER CURIAM.
The Unemployment Compensation Appeal Referee’s finding that the appellant had not resigned is supported by substantial competent evidence and, therefore, the Unemployment Appeals Commission should not have overturned/modified that portion of the Referee’s order. However, the Referee’s finding that the employer was justified in terminating the appellant on the basis of misconduct is not supported by the record. Accordingly, the appellant is entitled to receive his unemployment compensation benefits. Therefore, the holding of the Unemployment Appeals Commission is reversed. See Baptiste v. Waste Management, Inc., 701 So. 2d 386 (Fla. 3d DCA 1997) (an isolated error in judgment does not constitute misconduct); Betancourt v. Sun Bank Miami, N.A., 672 So. 2d 37, 38 (Fla. 3d DCA 1996) (“Although an employee’s actions may justify discharge, the same conduct does not necessarily preclude entitlement to unemployment benefits.”); Freddo v. Unemployment Appeals Comm’n, 685 So. 2d 874 (Fla. 2d DCA 1996) (misconduct typically involves repeated violations of explicit policies after several warnings). &
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Aulienne D. Philemy v. Fla. Dep't OF Health & Rehabilitative Servs. & Fla. Unemployment Appeals Comm'n, 731 So. 2d 64 (Fla. 3d DCA 1999)…tionably negligent on her part and justified her dismissal from her job. We cannot, however, conclude that her negligence and/or poor judgment, rise to the level defined in section 443.036(26). See Coffey v. Florida Foster Care Review Project, Inc., 704 So. 2d 1153 (Fla. 3d DCA 1998); Baptiste v. Waste Management, Inc., 701 So. 2d 386 (Fla. 3d DCA 1997)(an isolated error in judgment does not constitute misconduct); Freddo v. Unemployment Appeals Comm’n, 685 So. 2d 874 (Fla. 2d DCA 1996)(misconduct typically in…
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Otto A. Losa v. Diana Foods Inc., 705 So. 2d 716 (Fla. 3d DCA 1998)…Referee’s conclusion that the appellant was discharged on the basis of misconduct connected with work. Accordingly, the appellant is entitled to receive his unemployment compensation benefits. See Coffey v. Florida Foster Care Review Project, Inc., 704 So. 2d 1153 (Fla. 3d DCA 1998); Baptiste v. Waste Management, Inc., 701 So. 2d 386 (Fla. 3d DCA 1997) (an isolated error in judgment does not constitute misconduct); Betancourt v. Sun Bank Miami, N.A., 672 So. 2d 37, 38 (Fla. 3d DCA 1996) (“Although an employee…
Authorities Cited
- Edmond A. Freddo v. Unemployment Appeals Comm'n & Fla. Sheriff's Youth Ranches, Inc., 685 So. 2d 874 (Fla. 2d DCA 1996)
- Baptiste v. Waste Mgmt., Inc., 701 So. 2d 386 (Fla. 3d DCA 1997)
- 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)