Beck v. Florida Unemployment Appeals Commission
Beck v. Florida Unemployment Appeals Commission
Opinion of the Court
Carroll K. Beck appeals the Unemployment Appeals Commission’s decision affirming the denial of benefits based on misconduct. Because we conclude that Beck’s actions did not constitute misconduct, we reverse.
The appeals referee affirmed the claims adjudicator’s finding of misconduct based solely on evidence of the motorcoach operator’s one-time failure to report a traffic violation which he incurred while he was off-duty. Beck correctly argues that his actions did not rise to the level of “misconduct” necessary to support a denial of benefits as required by section 443.036(29), Florida Statutes (Supp. 1998).
Reversed and remanded.
. Section 443.036(29), Florida Statutes (Supp. 1998), provides:
(29) MISCONDUCT. — "Misconduct” includes, but is not limited to, the following, which shall not be construed in pari mate-ria with each other:
(a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employer has the right to expect of his or her employee; or
(b) Carelessness or negligence of such a degree or recurrence 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 his or her employer.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.