Hernandez v. Florida Orthopedics Inc.
Florida District Courts of Appeal
Hernandez v. Florida Orthopedics Inc., 861 So. 2d 525 (2003)
2003 Fla. App. LEXIS 19534; 2003 WL 23008834
Gersten, Goderich, Schwartz
Hernandez v. Florida Orthopedics Inc.
Opinion of the Court
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.
Reference
- Full Case Name
- Francis A. HERNANDEZ v. FLORIDA ORTHOPEDICS INC., and Florida Unemployment Appeals Commission
- Cited By
- 1 case
- Status
- Published