Knowles Affiliates, Inc. v. Florida Unemployment Appeals Commission

District Court of Appeal of Florida

Knowles Affiliates, Inc. v. Florida Unemployment Appeals Commission

967 So. 2d 362, 2007 Fla. App. LEXIS 15949, 2007 WL 2935478

CourtDistrict Court of Appeal of Florida

DecidedOctober 10, 2007

DocketNo. 3D07-594

StatusPublished

This text of 967 So. 2d 362 (Knowles Affiliates, Inc. 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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Knowles Affiliates, Inc. v. Florida Unemployment Appeals Commission, 967 So. 2d 362, 2007 Fla. App. LEXIS 15949, 2007 WL 2935478 (Fla. Ct. App. 2007).

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Opinion

WELLS, Judge.

Affirmed. See § 443.036(29), Fla. Stat. (2006) (providing that only willful violations or careless acts of such a degree or recurrence as demonstrate a substantial disregard for an employer’s interests are sufficient to support denial of unemployment compensation benefits for misconduct connected with a former employee’s work); Spink v. Unemployment Appeals Comm’n, 798 So.2d 899, 901-02 (Fla. 5th DCA 2001) (“An employer must show more than an employee’s inefficiency, unsatisfactory conduct, or failure to perform. Inefficiency, unsatisfactory conduct, inability, inadvertence, and ordinary negligence do not constitute misconduct connected with work.... Poor judgment is not misconduct. The failure to follow rules or a violation of the employer’s rules is generally not misconduct, but rather poor judgment.”) (citations omitted); Webb v. Rice, 693 So.2d 1109, 1111 (Fla. 3d DCA 1997) (“Courts should narrowly construe the disqualification provisions [of chapter 443], and should liberally construe the statute in favor of the claimant when determining whether a claimant’s actions constitute misconduct in accordance with its remedial nature.”); Ritenour v. Unemployment Appeals Comm’n, 570 So.2d 1106, 1108 (Fla. 5th DCA 1990) (“Reaching a different conclusion of law from, that of the referee is within the scope of review of the commission.”).

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WELLS, Judge.

Affirmed. See § 443.036(29), Fla. Stat. (2006) (providing that only willful violations or careless acts of such a degree or recurrence as demonstrate a substantial disregard for an employer’s interests are sufficient to support denial of unemployment compensation benefits for misconduct connected with a former employee’s work); Spink v. Unemployment Appeals Comm’n, 798 So.2d 899, 901-02 (Fla. 5th DCA 2001) (“An employer must show more than an employee’s inefficiency, unsatisfactory conduct, or failure to perform. Inefficiency, unsatisfactory conduct, inability, inadvertence, and ordinary negligence do not constitute misconduct connected with work.... Poor judgment is not misconduct. The failure to follow rules or a violation of the employer’s rules is generally not misconduct, but rather poor judgment.”) (citations omitted); Webb v. Rice, 693 So.2d 1109, 1111 (Fla. 3d DCA 1997) (“Courts should narrowly construe the disqualification provisions [of chapter 443], and should liberally construe the statute in favor of the claimant when determining whether a claimant’s actions constitute misconduct in accordance with its remedial nature.”); Ritenour v. Unemployment Appeals Comm’n, 570 So.2d 1106, 1108 (Fla. 5th DCA 1990) (“Reaching a different conclusion of law from, that of the referee is within the scope of review of the commission.”).

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967 So. 2d 362, 2007 Fla. App. LEXIS 15949, 2007 WL 2935478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knowles-affiliates-inc-v-florida-unemployment-appeals-commission-fladistctapp-2007.

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