Florida District Courts of Appeal, 1995

Friedman v. Unemployment Appeals Commission

Friedman v. Unemployment Appeals Commission
Florida District Courts of Appeal · Decided April 5, 1995 · Dell, Pariente, Warner
652 So. 2d 515; 1995 Fla. App. LEXIS 3484; 1995 WL 144203 (Southern Reporter, Second Series)

Friedman v. Unemployment Appeals Commission

Opinion of the Court

PER CURIAM.

We reverse the decision of the Unemployment Appeals Commission, which concluded, contrary to the appeals referee, that the claimant’s actions constituted misconduct connected with the work under section 443.036(26), Florida Statutes (1993). The claimant’s conduct on this single occasion was not willful, wanton, or deliberate, nor was it of such a degree as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to the employer. Moreover, unlike the conduct in appellee’s cited cases, it was not excessive, repeated, or following a warning, and it did not involve the claimant’s work or the employer’s interests.

REVERSED.

DELL, C.J., and WARNER and PARIENTE, JJ., concur.

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