SEAGRAVE HOUSE, INC., APPELLANT,
v.
UNEMPLOYMENT APPEALS COMMISSION, ET AL., APPELLEES
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This case involves an employer appealing the Unemployment Appeals Commission's decision to grant unemployment benefits to a former employee. The appellate court reversed the Commission's decision, finding the employee was discharged for misconduct connected with his work.
The court held that the employee's actions, including creating problems at work assignments, filing late reports, entering employer property after being warned, and removing documents without authorization, constituted misconduct connected with his work.
“We find there was competent, substantial evidence to support the appeals referee’s finding that the employee showed an intentional and substantial disregard of both his employer’s interests and the employee’s duties and obligations to his employer, which justified his discharge for misconduct connected with his work.”
This quote explains the court's reasoning for overturning the UAC's decision, emphasizing the evidence of employee misconduct.
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Join FLexlaw to unlock all legal intelligenceAn employer terminated an employee, who then sought unemployment benefits. An appeals referee found the employee was discharged for misconduct, but th…
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COWART, Judge.
Appellant, as employer, terminated the employment of a certain employee. An initial administrative decision was made by a claims examiner that the employee was entitled to unemployment compensation benefits under Chapter 443, Florida Statutes. Following an evidentiary hearing, an appeals referee determined that the employee had been discharged for misconduct connected with his work and was therefore not entitled to employment compensation benefits chargeable to the employer’s experience rating account. The Unemployment Appeals Commission (UAC) reversed the appeals referee and the employer appeals.
We have reviewed the evidence before the appeals referee and, without detailing it, we find it sufficient to support the appeals referee’s factual findings (1) that because of problems the employee created, he was unacceptable to schools to which the employer assigned the employee for work; (2) that the employee filed late and insufficient reports; (3) that the employee went upon and into the employer’s property after being directed not to do so; and (4) that the employee secretly and without authority removed documents from his employer’s facility and provided them to third parties to be used against his employer and otherwise acted in a disloyal manner toward the employer. We find there was competent, substantial evidence to support the appeals referee’s finding that the employee showed an intentional and substantial disregard of both his employer’s interests and the employee’s duties and obligations to his employer, which justified his discharge for misconduct connected with his work. Accordingly, we reverse the UAC’s decision and reinstate the decision of the appeals referee. See §§ 120.57(l)(b)10, and 120.-58(l)(a), Fla.Stat.; Lake County Sheriffs Department v. Unemployment Appeals Commission, 478 So. 2d 880 (Fla. 5th DCA 1985); Glover v. Sanford Child Care, Inc., 429 So. 2d 91 (Fla. 5th DCA 1983).
REVERSED.
SHARP, C.J., and DAUKSCH, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Glover v. Sanford Child Care, Inc., 429 So. 2d 91 (Fla. 5th DCA 1983)
- Lake Cnty. Sheriff's Dep't v. Unemployment Appeals Comm'n, 478 So. 2d 880 (Fla. 5th DCA 1985)