Gulf Power Co. v. Florida Unemployment Appeals Commission

District Court of Appeal of Florida

Gulf Power Co. v. Florida Unemployment Appeals Commission

912 So. 2d 1256, 2005 Fla. App. LEXIS 17184, 2005 WL 2838276

CourtDistrict Court of Appeal of Florida

DecidedOctober 31, 2005

DocketNo. 1D05-1855

StatusPublished

This text of 912 So. 2d 1256 (Gulf Power Co. v. Florida Unemployment Appeals Commission) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gulf Power Co. v. Florida Unemployment Appeals Commission, 912 So. 2d 1256, 2005 Fla. App. LEXIS 17184, 2005 WL 2838276 (Fla. Ct. App. 2005).

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Opinion

PER CURIAM.

Concluding that the claimant’s failure to report to work without good cause after the employer expressly directed him to do so as a result of Hurricane Ivan constitutes misconduct connected with work, we reverse the Unemployment Appeals Commission’s order and remand with instructions that the appeals referee’s decision be reinstated. See Dorisma v. Fla. Unemployment Appeals Comm’n, 544 So.2d 1110, 1111 (Fla. 3d DCA 1989) (holding that the appellant’s refusal to work additional hours when the employer was faced with an extreme workplace situation constituted misconduct connected with work and, thus, disqualified the appellant from receiving unemployment compensation benefits); see also Lucido v. State, Unemployment Appeals Comm’n, 862 So.2d 913, 917 (Fla. 4th DCA 2003) (noting that an employee’s outright refusal to perform an employer’s valid and reasonable work or[1257]*1257der may constitute misconduct connected with work).

REVERSED and REMANDED with instructions.

WEBSTER, PADOVANO and LEWIS, JJ., concur.

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PER CURIAM.

Concluding that the claimant’s failure to report to work without good cause after the employer expressly directed him to do so as a result of Hurricane Ivan constitutes misconduct connected with work, we reverse the Unemployment Appeals Commission’s order and remand with instructions that the appeals referee’s decision be reinstated. See Dorisma v. Fla. Unemployment Appeals Comm’n, 544 So.2d 1110, 1111 (Fla. 3d DCA 1989) (holding that the appellant’s refusal to work additional hours when the employer was faced with an extreme workplace situation constituted misconduct connected with work and, thus, disqualified the appellant from receiving unemployment compensation benefits); see also Lucido v. State, Unemployment Appeals Comm’n, 862 So.2d 913, 917 (Fla. 4th DCA 2003) (noting that an employee’s outright refusal to perform an employer’s valid and reasonable work or[1257]*1257der may constitute misconduct connected with work).

REVERSED and REMANDED with instructions.

WEBSTER, PADOVANO and LEWIS, JJ., concur.

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912 So. 2d 1256, 2005 Fla. App. LEXIS 17184, 2005 WL 2838276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gulf-power-co-v-florida-unemployment-appeals-commission-fladistctapp-2005.

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