DELVI, INC., APPELLANT,
v.
FLORIDA UNEMPLOYMENT APPEALS COMMISSION AND MARIO PANTALEON, APPELLEES
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Delvi, Inc. appeals the Florida Unemployment Appeals Commission's decision granting unemployment benefits to Mario Pantaleon, who was discharged after raising his middle finger at his supervisor and delaying work. The court affirms, holding that a single incident of insubordination or poor judgment does not constitute misconduct disqualifying an employee from unemployment benefits.
The court affirms the Commission's decision that Pantaleon's conduct did not disqualify him from receiving unemployment benefits. A single incident of insubordination does not amount to misconduct connected with work, and Pantaleon's actions displayed poor judgment but not disqualifying misconduct.
[1] A single incident of insubordination does not, by itself, constitute misconduct disqualifying an employee from unemployment benefits.
[2] An employee's conduct may be considered poor judgment without rising to the level of misconduct connected with work for unemployment benefit purposes.
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Join FLexlaw to unlock all legal intelligence“A single incident of insubordination does not amount to misconduct.”
Establishes the legal standard that one isolated act of insubordination is insufficient to disqualify an employee from unemployment benefits.
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Join FLexlaw to unlock all legal intelligencePantaleon worked as a warehouse worker for Delvi since November 2006. On October 21, 2010, when his supervisor asked him to move a pallet, Pantaleon s…
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Delvi, Inc. (“Delvi”), appeals an order of the Florida Unemployment Appeals Commission (“Commission”) affirming the referee’s finding that Mario Pantaleon (“Pan-taleon”) was entitled to unemployment compensation benefits. We affirm the Commission’s decision that Pantaleon’s conduct did not disqualify him from receiving unemployment benefits.
The claimant worked for Delvi since November 2, 2006, as a warehouse worker. On October 21, 2010, when Pantaleon’s immediate supervisor asked him to move a pallet, he told his supervisor he would move the pallet after he finished his lunch, and raised his middle finger at the supervisor, as he contends, in jest. He was discharged from employment on October 21, 2010, for showing disrespect to his supervisor and not performing his job to his employer’s expectations. The appeals referee concluded the claimant was qualified for benefits because he was discharged from his employment for alleged misconduct that was not proven by substantial, competent evidence. The employer appealed the referee’s decision to the Commission. The Commission affirmed the referee’s decision holding the claimant qualified to receive benefits. Delvi now appeals the final order of the Commission.
The issue on appeal is whether there was substantial, competent evidence, consistent with the findings of the Commission, that Pantaleon’s conduct did not *977disqualify him from receiving unemployment benefits from his employer. See § 120.68(7)(b), Fla. Stat. (2010); Aiello v. R.C. Props., Inc., 654 So.2d 287 (Fla. 3d DCA 1995). A single incident of insubordination does not amount to misconduct. See, e.g., Montalbano v. Unemployment Appeals Comm’n, 873 So.2d 417 (Fla. 4th DCA 2004) (holding that employee who had argument with her supervisor over a work order and was fired for insubordination when she began to yell, did not involve misconduct); Tabares v. Fla. Unemployment Appeals, 838 So.2d 1214 (Fla. 3d DCA 2003) (holding that employee’s raising her voice during meeting with supervisor did not constitute misconduct connected with work); Donnell v. Univ. Cmty. Hosp., 705 So.2d 1031 (Fla. 2d DCA 1998) (holding that housekeeping department employee discharged for violating hospital rule and having argument with supervisor amounted to poor judgment and did not constitute misconduct). As found by the Commission, “[t]he claimant’s actions may have displayed poor judgment, raising his middle finger at his supervisor, but does not amount to misconduct connected with his work.” There is substantial, competent evidence to support the referee’s finding that Pantaleon was not discharged for employee misconduct. We therefore affirm the Commission’s decision that Panta-leon’s conduct did not disqualify him from receiving unemployment benefits.
Affirmed.
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Yanelly Morales v. Fla. Reemployment Assistance Appeals Comm'n, 106 So. 3d 81 (Fla. 3d DCA 2013)…2d 37, 38 (Fla. 3d DCA 1996). A single instance of insubordination that reflects at most an isolated error in judgment, without more, does not amount to disqualifying misconduct under the statute. See Delvi, Inc. v. Fla. Unemployment Appeals Comm’n, 83 So. 3d 976, 977 (Fla. 3d DCA 2012) (holding that an employee fired for a single refusal to obey an order accompanied by an informal act of disrespect was not disqualified under the statute); Montalbano v. Unemployment Appeals Comm’n, 873 So. 2d 417, 417-18 (Fl…
Authorities Cited
- Albertha M. Donnell v. Univ. Cmty. Hosp. & Fla. Unemployment Appeals Comm'n, 705 So. 2d 1031 (Fla. 2d DCA 1998)
- Leida Tabares v. Florida Unemployment Appeals, 838 So. 2d 1214 (Fla. 3d DCA 2003)
- Montalbano v. Unemployment Appeals Comm'n, 873 So. 2d 417 (Fla. 4th DCA 2004)
- CNH Constr., Inc. v. S. Fla. Restoration, Inc., 654 So. 2d 287 (Fla. 3d DCA 1995)