CHARLES CLARK, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Saunders v. Unemployment Appeals Comm'n, 888 So. 2d 69 (Fla. 4th DCA 2004)
  …r her employer. § 443.036(29), Fla. Stat. (2002). “The statute defining misconduct should be liberally construed in favor of a claimant when determining whether a claimant should be disqualified from receiving unemployment benefits.” Barnes v. UAC, 717 So. 2d 120, 121-22 (Fla. 4th DCA 1998) (citing Cooks v. UAC, 670 So. 2d 178 (Fla. 4th DCA 1996)). Whether a claimant committed misconduct connected with work is a ques [*72] tion of law. See id. at 121. “[W]here company policies are concerned, ‘misconduct usua…
• LaCHARITE v. State, 890 So. 2d 354 (Fla. 1st DCA 2004)
  …ld be disqualified from receiving unemployment benefits, the statute defining “misconduct” should be liberally constfued in favor of a claimant. See Mason v. Load King Mfg. Co., 758 So. 2d 649, 655 (Fla. 2000); Barnes v. Unemployment Appeals Comm’n, 717 So. 2d 120, 121-22 (Fla. 4th DCA 1998), citing Cooks v. Unemployment Appeals Comm’n, 670 So. 2d 178 (Fla. 4th DCA 1996). Although certain actions of employees may warrant termination, they do not necessarily demonstrate the existence of disqualifying misconduc…
• Cabrera v. Palmetto Ford Truck Sales Inc., 740 So. 2d 568 (Fla. 3d DCA 1999)
  …. 2d 1298, 1300 (Fla. 3d DCA 1992) and cases cited therein. Rather, the facts here demonstrate, at most, the exercise of poor judgment, an inefficiency or sub-standard performance such as that described in Barnes v. Unemployment Appeals Commission, 717 So. 2d 120, 122 (Fla. 4th DCA 1998), Webb v. Rice, 693 So. 2d 1109, 1111-12 (Fla. 3d DCA 1997), Smith v. Krugman-Kadi, 547 So. 2d 677, 679 (Fla. 1st DCA 1989) and Lewis v. Unemployment Appeals Commission, 498 So. 2d 608, 609 (Fla. 5th DCA 1986). Because Cabre…

Authorities Cited

• Jones v. State, 591 So. 2d 911 (Fla. 1991)
• Howarth v. State, 673 So. 2d 580 (Fla. 5th DCA 1996)