JORGE L. RODRIGUEZ, APPELLANT,
v.
WAL-MART ASSOCIATES, INC., AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
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Jorge L. Rodriguez appealed the denial of unemployment benefits after being terminated by Walmart for deteriorating job performance. The Florida District Court of Appeal reversed, holding that unsatisfactory work performance alone does not constitute disqualifying misconduct under Florida unemployment compensation law.
Deteriorating job performance, even if accepted as accurate, does not rise to the level of disqualifying misconduct as defined by Florida Statute § 443.036(29) or established case law. The court reversed the order denying unemployment benefits.
[1] Unemployment compensation statutes are to be liberally construed in favor of the employee.
[2] Disqualifying misconduct for unemployment benefits requires more than mere unsatisfactory work performance.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In defining misconduct, courts are required to liberally construe the [unemployment compensation] statute in favor of the employee.”
Establishes the controlling legal standard that unemployment statutes must be construed favorably to employees.
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Join FLexlaw to unlock all legal intelligenceIn August 2000, Rodriguez was counseled for making personal calls during work time. In September, he was counseled for failing to enter optical prescr…
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PER CURIAM.
Jorge L. Rodriguez appeals an order denying unemployment benefits. We conclude that disqualifying misconduct was not demonstrated and reverse the order now before us.
In August of 2000, the appellant-employee was counseled for making personal calls on company time. In September, the employee was counseled for failing to enter certain optical prescriptions in the computer, rather than handwriting the prescriptions. He also failed to collect remaining balances on lay-away purchases of eyeglasses. In October the employee was discharged for deteriorating job performance after the above referenced counseling.
“In defining misconduct, courts are required to liberally construe the [unemployment compensation] statute in favor of the employee.” Mason v. Load King Manufacturing Co., 758 So. 2d 649, 654 (Fla.2000) (citations omitted); § 443.031, Fla. Stat. (2000). Subsection 443.036(29), Florida Statutes (2000), defines disqualifying misconduct:
(29) “Misconduct” includes, but is not limited to, the following, which shall not be construed in pari materia with each other:
(a) Conduct evincing such willful or wanton disregard of an employer’s inter ests as is found in deliberate violation or disregard of standards of behavior which the employer has the right to expect of his or her employee; or (b) Carelessness or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his or her employer. “In general, mere unsatisfactory work performance will not result in a denial of benefits.” Brownstein v. Hartwell Enterprises, Inc., 647 So. 2d 1004, 1005 (Fla. 3d DCA 1994) (citations omitted); see also Doyle v. Florida Unemployment Appeals Commission, 635 So. 2d 1028, 1031 (Fla. 2d DCA 1994).
Accepting the referee’s characterization that there was deteriorating job performance, it still would not rise to the level of disqualifying misconduct under the statutory definition of misconduct, or the case law. Accordingly we reverse the order denying unemployment compensation benefits.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Doyle v. Fla. Unemployment Appeals Comm'n & Mid-State Fed. Sav. & Loan Ass'n, 635 So. 2d 1028 (Fla. 2d DCA 1994)
- Mason v. Load King Mfg. Co. & the Fla. Unemployment Appeals Comm'n, 758 So. 2d 649 (Fla. 2000)
- Brownstein v. Hartwell Enters., Inc., 647 So. 2d 1004 (Fla. 3d DCA 1994)