Florida District Courts of Appeal, 1987

Whitaker v. Pizza Hut

Whitaker v. Pizza Hut
Florida District Courts of Appeal · Decided February 11, 1987 · Dell, Letts, Walden
502 So. 2d 84; 12 Fla. L. Weekly 533; 1987 Fla. App. LEXIS 6651 (Southern Reporter, Second Series)

Whitaker v. Pizza Hut

Opinion of the Court

PER CURIAM.

We reverse the order of the Unemployment Appeals Commission denying Annette Whitaker unemployment benefits because of alleged misconduct as defined in section 443.036(24), Florida Statutes (1985). Gold-stein v. Ury Kalai M.D., P.A., 480 So.2d 695 (Fla. 4th DCA 1985). Our review of the record satisfies us that Whitaker’s action of failing to follow the proper procedure for testing pizza dough was poor judgment not an intentional disregard of her employer’s interests as required by section 443.036(24).

This matter is reversed and remanded for reinstatement of Whitaker’s unemployment benefits.

LETTS, DELL and WALDEN, JJ., concur.

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