Klein v. CHR Associates, Inc.

District Court of Appeal of Florida

Klein v. CHR Associates, Inc.

584 So. 2d 1089, 1991 WL 152948

CourtDistrict Court of Appeal of Florida

DecidedAugust 13, 1991

DocketNo. 91-00365

StatusPublished

This text of 584 So. 2d 1089 (Klein v. CHR Associates, Inc.) 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.

Bluebook

Klein v. CHR Associates, Inc., 584 So. 2d 1089, 1991 WL 152948 (Fla. Ct. App. 1991).

Pincite

Opinion

PER CURIAM.

The appellant, Shari Klein, appeals from the appeals referee’s determination reversing the award of unemployment compensation to Klein. We reverse the referee’s determination and reinstate the award.

Shari Klein was employed as an activities assistant by CHR Associates, which operates a nursing home. After two years in that position, Klein’s employment was terminated. Klein filed for unemployment compensation, which was granted. CHR Associates appealed the award of unemployment compensation. The Unemployment Compensation Appeals Bureau’s referee reversed Klein’s award. Klein appeals.

This court must accept the findings of fact of the appeals referee, which are supported by substantial competent evidence in the record. Section 120.68(10), Fla.Stat. (1989). The appeals referee concluded, however, that the actions that led to Klein’s dismissal constituted. “misconduct connected with her work.” If that were so, Klein could be denied unemployment compensation benefits. Section 443.101, Fla. Stat. (1989). But we are not persuaded that Klein’s actions rise to the level of “misconduct” within the intended meaning of section 443.036(26), Florida Statutes (1989), as to bar her from receiving unemployment benefits. See Daniels v. Florida Unemployment Appeals Comm’n, 531 So.2d 1047 (Fla. 2d DCA 1988); Langley v. Unemployment Appeals Comm’n, 444 So.2d 518 (Fla. 1st DCA 1984); Earp v. Florida Dep’t of Commerce Indus. Relations Comm’n, 241 So.2d 422 (Fla. 2d DCA 1970).

Reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The appellant, Shari Klein, appeals from the appeals referee’s determination reversing the award of unemployment compensation to Klein. We reverse the referee’s determination and reinstate the award.

Shari Klein was employed as an activities assistant by CHR Associates, which operates a nursing home. After two years in that position, Klein’s employment was terminated. Klein filed for unemployment compensation, which was granted. CHR Associates appealed the award of unemployment compensation. The Unemployment Compensation Appeals Bureau’s referee reversed Klein’s award. Klein appeals.

This court must accept the findings of fact of the appeals referee, which are supported by substantial competent evidence in the record. Section 120.68(10), Fla.Stat. (1989). The appeals referee concluded, however, that the actions that led to Klein’s dismissal constituted. “misconduct connected with her work.” If that were so, Klein could be denied unemployment compensation benefits. Section 443.101, Fla. Stat. (1989). But we are not persuaded that Klein’s actions rise to the level of “misconduct” within the intended meaning of section 443.036(26), Florida Statutes (1989), as to bar her from receiving unemployment benefits. See Daniels v. Florida Unemployment Appeals Comm’n, 531 So.2d 1047 (Fla. 2d DCA 1988); Langley v. Unemployment Appeals Comm’n, 444 So.2d 518 (Fla. 1st DCA 1984); Earp v. Florida Dep’t of Commerce Indus. Relations Comm’n, 241 So.2d 422 (Fla. 2d DCA 1970).

Reversed.

Cite This Page — Counsel Stack

Bluebook (online)

584 So. 2d 1089, 1991 WL 152948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klein-v-chr-associates-inc-fladistctapp-1991.

Opinion

Related

Cite This Page — Counsel Stack