FRANCIS A. HERNANDEZ, APPELLANT,
v.
FLORIDA ORTHOPEDICS INC., AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEE
FRANCIS A. HERNANDEZ, APPELLANT,
FLORIDA ORTHOPEDICS INC., AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEE
861 So. 2d 525
Florida District Court of Appeal, Third District (2003)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Francis Hernandez (“Hernandez”) appeals a Florida Unemployment Appeals Commission’s affirmance of an appeals referee’s decision ’denying Hernandez unemployment benefits. The basis for the denial of benefits was “misconduct” connected to work. See § 443.036(29), Fla. Stat. (2002). Accepting the findings of fact made by the appeals referee, we conclude although Hernandez’s tardiness in reporting to work on several occasions was “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 Santiago v. Home Depot USA, Inc., 716 So. 2d 350 (Fla. 3d DCA 1998).
Accordingly, we reverse the order below.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jonna S. Reaves v. ANC Rental Corp., 871 So. 2d 1069 (Fla. 3d DCA 2004)…peals referee, we conclude that the appellant’s conduct was sufficient to justify her termination, but “did not rise to the level of misconduct necessary so as to deprive [appellant] of unemployment benefits.” Hernandez v. Florida Orthopedics, Inc., 861 So. 2d 525, 526 (Fla. 3d DCA 2003)(quoting Santiago v. Home Depot USA, Inc., 716 So. 2d 350 (Fla. 3d DCA 1998)). See Tacher v. Unemployment Appeals Comm., 721 So. 2d 813 (Fla. 4th DCA 1998); Wark v. Home Shopping Club, Inc., 715 So. 2d 323 (Fla. 2d DCA 1998);…
Authorities Cited
- Gutierrez v. State, 716 So. 2d 350 (Fla. 3d DCA 1998)
- Reyes v. State, 716 So. 2d 350 (Fla. 3d DCA 1998)