Florida District Courts of Appeal, 2003

Delaughter v. Florida Unemployment Appeals

Delaughter v. Florida Unemployment Appeals
Florida District Courts of Appeal · Decided June 4, 2003 · Cope, Goderich, Ramirez
847 So. 2d 1058; 2003 Fla. App. LEXIS 8280; 2003 WL 21459039 (Southern Reporter, Second Series)

Delaughter v. Florida Unemployment Appeals

Opinion of the Court

PER CURIAM.

Tony I. Delaughter appeals an order denying unemployment compensation benefits. We reverse.

Claimant-appellant Delaughter delivered pianos for the appellee-employer, Bobbs Piano Sales & Service Inc. Upon arriving at an 8:00 p.m. delivery at the end of the workday, he found that a large piano had to be carried up three flights of narrow stairs. He was accompanied by an inexperienced assistant. He testified that he refused to proceed with the delivery because there was a risk of personal injury, and damage to the piano, without experienced help. The customer was willing to delay the delivery. Upon the refusal of the claimant to proceed, the employer fired him.

We reverse because the employer’s testimony at the hearing completely failed to address, much less rebut, the claimant’s testimony about the risk of personal injury or property damage if the delivery proceeded without more experienced help. Given the safety issue, the refusal to proceed did not constitute misconduct. See Copple v. U.S. Postal Serv., 805 So.2d 922, 924 (Fla. 2d DCA 2001); Wall v. Unemployment Appeals Comm’n, 682 So.2d 1187, 1188-1189 (Fla. 4th DCA 1996).

Accordingly, the order denying unemployment benefits is reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.