OTTO A. LOSA, APPELLANT,
v.
DIANA FOODS INC., AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES
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PER CURIAM.
We reverse the Unemployment Compensation Appeals Referee’s conclusion that the appellant was discharged on the basis of misconduct connected with work. Accordingly, the appellant is entitled to receive his unemployment compensation benefits. See Coffey v. Florida Foster Care Review Project, Inc., 704 So. 2d 1153 (Fla. 3d DCA 1998); Baptiste v. Waste Management, Inc., 701 So. 2d 386 (Fla. 3d DCA 1997) (an isolated error in judgment does not constitute misconduct); Betancourt v. Sun Bank Miami, N.A., 672 So. 2d 37, 38 (Fla. 3d DCA 1996) (“Although an employee’s actions may justify discharge, the same conduct does not necessarily preclude entitlement to unemployment benefits.”); Freddo v. Unemployment Appeals Comm’n, 685 So. 2d 874 (Fla. 2d DCA 1996) (misconduct typically involves repeated violations of explicit policies after several warnings); Seger v. Danner Construction Co., Inc., 611 So. 2d 82 (Fla. 2d DCA 1992) (failure to inform employer of absence due to illness when scheduled to work overtime constituted poor judgment but did not rise to level of misconduct).
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Santiago v. Home Depot USA, Inc., 716 So. 2d 350 (Fla. 3d DCA 1998)…ant’s tardiness in reporting for work is more than sufficient cause to justify his termination from his job, it clearly does not rise to the level of “misconduct” necessary so as to deprive him of unemployment benefits. See Losa v. Diana Foods Inc., 705 So. 2d 716 (Fla. 3d DCA 1998). Accordingly, the decision under review is reversed.…
Authorities Cited
- Edmond A. Freddo v. Unemployment Appeals Comm'n & Fla. Sheriff's Youth Ranches, Inc., 685 So. 2d 874 (Fla. 2d DCA 1996)
- Baptiste v. Waste Mgmt., Inc., 701 So. 2d 386 (Fla. 3d DCA 1997)
- Philip Morris, Inc. v. Broin, 672 So. 2d 37 (Fla. 3d DCA 1996)
- Amaury P. Betancourt, Jr. v. SUN Bank Miami, N.A., 672 So. 2d 37 (Fla. 3d DCA 1996)
- Seger v. Danner Constr. Co., Inc., 611 So. 2d 82 (Fla. 2d DCA 1992)
- Coffey v. Fla. Foster Care Review Project Inc., 704 So. 2d 1153 (Fla. 3d DCA 1998)
- Nat'l Title Ins. Co. v. Wascher, 704 So. 2d 1153 (Fla. 3d DCA 1998)