NAHI J. ESPANIOLY, APPELLANT,
v.
FACS GROUP, INC., AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
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The court held that the claimant's emotional reactions, occurring while ill and under stress, did not constitute misconduct sufficient to deny unemployment compensation benefits.
The claimant was denied unemployment benefits due to alleged misconduct connected with her work. The incidents in question involved emotional reaction…
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SHEVIN, Judge.
Nahi J. Espanioly appeals an order of the Unemployment Appeals Commission that affirmed the denial of unemployment compensation benefits on the basis of misconduct connected with her work. We reverse.
This court has repeatedly stated that, “Misconduct serious enough to warrant an employee’s dismissal is not necessarily serious enough to warrant the forfeiture of compensation benefits.” Benitez v. Girlfriday, Inc., 609 So. 2d 665, 666 (Fla. 3d DCA 1992); see also Baptiste v. Waste Management, Inc., 701 So. 2d 386 (Fla. 3d DCA 1997); Webb v. Rice, 693 So. 2d 1109 (Fla. 3d DCA 1997); Miller v. Barnett Bank of Broward County, 650 So. 2d 1089 (Fla. 3d DCA 1995).
In this case, claimant’s emotional reactions do not amount to misconduct sufficient to support the denial of unemployment compensation benefits. See Webb, 693 So. 2d at 1112; Miller, 650 So. 2d at 1090; see also Kelley v. Pueblo Wholesale Co., 627 So. 2d 534 (Fla. 3d DCA 1993). The record demonstrates that at the time of the two incidents in question, the employee was ill and suffering, was under stress, and was not herself. Against this background, her actions do not amount to misconduct sufficient to disqualify her from receiving unemployment compensation benefits.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Davidson v. AAA Cooper Transp. & Fla. Unemployment Appeals Comm'n, 852 So. 2d 398 (Fla. 3d DCA 2003)…7 (Fla. 1st DCA 1991). As this court has repeatedly stated, misconduct serious enough to warrant dismissal is not necessarily sufficiently serious to warrant forfeiture of unemployment compensation benefits. See, e.g., Espanioly v. Facs Group, Inc., 755 So. 2d 183, 184 (Fla. 3d DCA 2000) citing Benitez v. Girlfriday, Inc., 609 So. 2d 665, 666 (Fla. 3d DCA 1992); Baptiste, 701 So. 2d 386; Webb v. Rice, 693 So. 2d 1109 (Fla. 3d DCA 1997); Miller v. Barnett Bank of Broward County, 650 So. 2d 1089 (Fla. 3d DCA 19…
Authorities Cited
- Benitez v. Girlfriday, Inc., 609 So. 2d 665 (Fla. 3d DCA 1992)
- Dian L. Kelley v. Pueblo Wholesale Co., Inc., 627 So. 2d 534 (Fla. 3d DCA 1993)
- Webb v. Rice, 693 So. 2d 1109 (Fla. 3d DCA 1997)
- Miller v. Barnett Bank OF Broward Cnty. & Fla. Unemployment Appeals Comm'n, 650 So. 2d 1089 (Fla. 3d DCA 1995)
- Baptiste v. Waste Mgmt., Inc., 701 So. 2d 386 (Fla. 3d DCA 1997)