INSEUL FENELUS, APPELLANT,

v.

PUBLIX SUPER MARKETS, INC., AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES

Fla. 3d DCA | 1999-02-10

No. 98-1711

Before SCHWARTZ, C.J., and NESBITT and SHEVIN, JJ.

727 So. 2d 274 Florida District Court of Appeal, Third District (1999) Positive Treatment

Cited by 6 cases

Opinion of the Court

PER CURIAM.

Inseul Fenelus appeals an order of the Unemployment Appeals Commission affirming the referee’s denial of unemployment benefits. We reverse.

The record reveals that Fenelus’ actions demonstrate “the mere exercise of poor judgment [that] does not amount to misconduct sufficient to support the denial of unemployment compensation benefits.” Navarrete v. Florida Unemployment Appeals Comm’n, 726 So. 2d 833 (Fla. 3d DCA 1999). See, e.g., Baptiste v. Waste Management, Inc., 701 So. 2d 386 (Fla. 3d DCA 1997); Castillo v. Sally Beauty Co., Inc., 637 So. 2d 269 (Fla. 3d DCA 1994). We are constrained to reiterate the oft-stated maxim that misconduct serious enough to justify dismissal is not ipso facto tantamount to misconduct warranting forfeiture of benefits. See Navarrete, 726 So. 2d at 833; and cited cases.

Reversed and remanded with directions to grant claimant benefits.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Flint v. Fla. Unemployment Appeals Comm'n, 79 So. 3d 115 (Fla. 3d DCA 2012)

…otherwise unblemished fifteen-year career with the employer, amounted to an “exercise of poor judgment [that] does not amount to misconduct sufficient to support the denial of unemployment compensation benefits.” Fenelus v. Publix Super Mkts., Inc., 727 So. 2d 274, 274 (Fla. 3d DCA 1999) (quoting Navarrete v. Fla. Unemployment Appeals Comm’n, 726 So. 2d 833, 834 (Fla. 3d DCA 1999)). See also Kelley v. Pueblo Wholesale Co., 627 So. 2d 534 (Fla. 3d DCA 1993) (recognizing that this Court consistently has held th…
Klein v. Baptist Health Enters., Inc., 730 So. 2d 1278 (Fla. 3d DCA 1999)

…PER CURIAM. The order of the Unemployment Appeals Commission is hereby reversed as we find no misconduct on the part of the appellant. See Fenelus v. Publix Super Markets, Inc., 727 So. 2d 274 (Fla. 3d DCA 1999). Reversed and remanded with directions to grant all benefits without further requirements on the appellant.…
Gomez v. Am. Bankers Life Assurance Co. OF Fla. & Fla. Unemployment Appeals Comm'n, 839 So. 2d 894 (Fla. 3d DCA 2003)

…(Fla. 3d DCA 2003)(employ-ee’s isolated act of misjudgment does not constitute misconduct justifying denial of benefits); Gonzalez v. Florida Unemployment Appeals Comm’n, 752 So. 2d 726 (Fla. 3d DCA 2000)(same); Fenelus v. Publix Super Mkts., Inc., 727 So. 2d 274 (Fla. 3d DCA 1999)(same); Delaney v. Unemployment Appeals Comm’n, 720 So. 2d 320 (Fla. 4th DCA 1998)(using company e-mail to send joke after non-specific warning was a single act of poor judgment rather than wilful or wanton disregard of employer’s…

Authorities Cited

Baptiste v. Waste Mgmt., Inc., 701 So. 2d 386 (Fla. 3d DCA 1997)
Castillo v. Sally Beauty Co., Inc., 637 So. 2d 269 (Fla. 3d DCA 1994)
Navarrete v. Fla. Unemployment Appeals Comm'n, 726 So. 2d 833 (Fla. 3d DCA 1999)

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