ALBERTHA M. DONNELL, APPELLANT,
v.
UNIVERSITY COMMUNITY HOSPITAL AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
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Albertha Donnell was terminated from her housekeeping position for violating a garbage can liner policy, refusing her supervisor's initial order to go to his office, and clocking out when instructed to do so. The court reversed the denial of unemployment benefits, holding that a single incident of poor judgment by a longtime employee does not constitute statutory misconduct.
No. A single incident of poor judgment or loss of self-control by a longtime employee does not constitute statutory misconduct. Although the employer had the right to discharge Donnell and her actions were wrong, the conduct did not deprive her of unemployment compensation benefits.
[1] An employer alleging a former employee voluntarily left employment has the burden of proving that issue.
[2] An appeals referee may not make fact findings that lack evidentiary support or contradict the evidence presented.
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Join FLexlaw to unlock all legal intelligence“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).”
Establishes the legal standard for misconduct, making clear that one-time poor judgment does not qualify.
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Join FLexlaw to unlock all legal intelligenceDonnell was a housekeeping employee at University Community Hospital for three years with a good employment record. She violated the hospital's recent…
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BLUE, Judge.
Albertha M. Donnell appeals the order affirming the appeals referee’s determination to deny her unemployment compensation benefits based on “misconduct.” Because Donnell’s conduct did not constitute “misconduct” such as to deprive her of unemployment compensation benefits, we reverse.
Donnell was fired from her housekeeping job at University Community Hospital. Pri-or to being fired, Donnell had been a “good” employee for three years. The incident that precipitated the discharge started with Donnell’s failure to follow the hospital’s recently changed policy regarding garbage can liners. When Donnell’s supervisor confronted her, a loud argument ensued in a hallway. The supervisor directed Donnell to go to his office and she refused, insisting on returning to work. The supervisor then advised Donnell to go to his office or “hit the clock.” Donnell “hit the clock” and was discharged from her employment.
The appeals referee determined that Donnell was discharged for misconduct connected with work and was therefore not eligible for unemployment compensation benefits. The Unemployment Appeals Commission af firmed the referee’s determination and Donnell has appealed.
The burden of proving misconduct is on the employer. See Nading v. Sanibel Packing Co., Inc., 658 So. 2d 1155 (Fla. 2d DCA 1995). In determining whether misconduct has occurred which would disqualify a claimant from receiving unemployment benefits, the statute should be liberally construed in favor of the claimant. See Gulf County School Bd. v. Washington, 567 So. 2d 420 (Fla.1990); Doyle v. Florida Unemployment Appeals Comm’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 in the statute. Additionally, Donnell ultimately complied with her supervisor’s order — she clocked out. “Although an employee’s actions may justify discharge, the same conduct does not necessarily preclude entitlement to unemployment benefits.” Betancourt v. Sun Bank Miami, N.A., 672 So. 2d 37, 38 (Fla. 3d DCA 1996). While the hospital had the right to terminate Donnell, her actions were not such as to deprive her of unemployment compensation benefits. Accordingly, we reverse and remand with directions to award Donnell unemployment compensation benefits.
Reversed and remanded.
PATTERSON, A.C.J., and MOORE, CECELIA M., Associate Judge, concur.
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Cullen v. Neighborly Senior Servs., Inc., 775 So. 2d 392 (Fla. 2d DCA 2000)…present at the meeting in question, and therefore, she could only provide hearsay testimony regarding the meeting. Such testimony is insufficient to support the denial of unemployment compensation benefits. See Donnell v. University Community Hosp., 705 So. 2d 1031 (Fla. 2d DCA 1998) (burden of proving misconduct is on the employer); Doyle v. Florida Unemployment Appeals Comm’n, 635 So. 2d 1028 (Fla. 2d DCA 1994) (holding that the denial of unemployment benefits cannot be based exclusively on hearsay evidence)…
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McCARTY v. Fla. Unemployment Appeals Comm'n & St. Augustine Trains, Inc., 878 So. 2d 432 (Fla. 1st DCA 2004)…d 1209 (Fla. 2d DCA 2004).” Ash v. Unemplmt. App. Comm’n, 872 So. 2d 400, 402 (Fla. 1st DCA 2004). Ms. McCarty’s discharge resulted from a single, isolated incident,4 and did not amount to disqualifying misconduct. See Donnell v. Univ. Cmty. Hosp., 705 So. 2d 1031, 1032 (Fla. 2d DCA 1998) (holding claimant’s actions did not disqualify her from receiving unemployment compensation benefits, where she had been a good employee for three years, but failed to follow a new policy regarding garbage can liners, which…
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Vilar v. Unemployment Appeals Comm'n & Cintas Corp. No. 2, 889 So. 2d 933 (Fla. 2d DCA 2004)…ich constituted misconduct con-nectéd with work and disqualified her from receiving benefits. The Unemployment Appeals Commission affirmed the referee’s determination, and Vilar has. appealed. This court in Donnell v. University Community Hospital, 705 So. 2d 1031, 1032 (Fla. 2d DCA 1998), set forth the [*935] principles trial courts are to use in determining whether a claimant’s benefits have been properly denied for misconduct. In determining whether misconduct has occurred which would disqualify a claiman…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Doyle v. Fla. Unemployment Appeals Comm'n & Mid-State Fed. Sav. & Loan Ass'n, 635 So. 2d 1028 (Fla. 2d DCA 1994)
- Gulf Cnty. Sch. Bd. v. Washington, 567 So. 2d 420 (Fla. 1990)
- Foster Gunther v. Barnett Banks, Inc., 598 So. 2d 243 (Fla. 2d DCA 1992)
- 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)
- Lucas v. Unemployment Appeals Comm'n & Gen. Tel. Co. of Fla., 664 So. 2d 1043 (Fla. 2d DCA 1995)
- Nading v. Sanibel Packing Co., Inc., 658 So. 2d 1155 (Fla. 2d DCA 1995)