DENISE R. BERNHANG, APPELLANT,
v.
STATE OF FLORIDA UNEMPLOYMENT APPEALS COMMISSION AND FRESH START PRODUCE SALES, INC., APPELLEES
Explore caselaw by topic → Browse Misconduct Connected With Work cases and more on FLexlaw
PER CURIAM.
After careful review of the record, we agree with the Commission that appellant’s obdurate refusal to follow a reasonable work order from two superiors, and inviting the superiors to discharge her in the presence of other employees was sufficient to establish that her actions amounted to misconduct connected with work. See Citrus Cent. v. Detwiler, 368 So. 2d 81 (Fla. 4th DCA 1979); Lewis v. Unemployment Appeals Comm’n, 899 So. 2d 1183 (Fla. 2d DCA 2005); Hines v. Dep’t of Labor & Employment Sec., 455 So. 2d 1104 (Fla. 3d DCA 1984). We also find no due process violations in the conduct of the hearing by the appeals referee. The referee allowed appellant to provide additional testimony; the referee’s interruptions were to remind appellant not to provide irrelevant testimony. We cannot reverse based on appellant’s complaints about the way the referee resolved credibility issues. Credibility falls within the purview of the hearing officer’s discretion as finder of fact. See, e.g., Andrus v. Florida Dep’t of Labor & Employment Sec., 379 So. 2d 468 (Fla. 4th DCA 1980).
Affirmed.
WARNER, KLEIN and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Maryanne Carson v. Fla. Unemployment Appeals Comm'n, 1 So. 3d 289 (Fla. 3d DCA 2009)…that manifests culpability, wrongful intent, or evil design or shows an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his or her employer. . Bernhang v. Unemployment Appeals Comm’n, 968 So. 2d 673 (Fla. 4th DCA 2007). . Peaden v. Unemployment Appeals Comm'n, 865 So. 2d 690 (Fla. 5th DCA 2004).…
Authorities Cited
- Selvin G. Hines v. Dep't OF Labor & Emp. Sec., 455 So. 2d 1104 (Fla. 3d DCA 1984)
- John v. Smith and Lucy L. Smith, 368 So. 2d 81 (Fla. 4th DCA 1979)
- Andrus v. Fla. Dep't of Labor & Emp. Sec., 379 So. 2d 468 (Fla. 4th DCA 1980)
- Lewis v. Unemployment Appeals Comm'n & B. Whitmore & Co., Inc., 899 So. 2d 1183 (Fla. 2d DCA 2005)