Lugo v. Westside Sanitation, Inc.

District Court of Appeal of Florida

Lugo v. Westside Sanitation, Inc.

744 So. 2d 465, 1999 Fla. App. LEXIS 1900, 1999 WL 90131

CourtDistrict Court of Appeal of Florida

DecidedFebruary 24, 1999

DocketNo. 98-1773

StatusPublished

This text of 744 So. 2d 465 (Lugo v. Westside Sanitation, 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.

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Lugo v. Westside Sanitation, Inc., 744 So. 2d 465, 1999 Fla. App. LEXIS 1900, 1999 WL 90131 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

The order of the Unemployment Appeals Commission disqualifying the appellant from receiving benefits is reversed. The record reflects that although appellant was in fact fired on October 15, 1997, for reasons which may or may not have formed a basis for denial of benefits, he was rehired the following day (October 16). The appellant was then fired again, on October 22, 1997, clearly without any reason that would rise to the level of misconduct as defined in section 443.036(26), Florida Statutes (1997). See Castillo v. Sally Beauty Co., Inc., 637 So.2d 269 (Fla. 3d DCA 1994).

Reversed and remanded with instructions to the Commission to award benefits without further requirements on the appellant.

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PER CURIAM.

The order of the Unemployment Appeals Commission disqualifying the appellant from receiving benefits is reversed. The record reflects that although appellant was in fact fired on October 15, 1997, for reasons which may or may not have formed a basis for denial of benefits, he was rehired the following day (October 16). The appellant was then fired again, on October 22, 1997, clearly without any reason that would rise to the level of misconduct as defined in section 443.036(26), Florida Statutes (1997). See Castillo v. Sally Beauty Co., Inc., 637 So.2d 269 (Fla. 3d DCA 1994).

Reversed and remanded with instructions to the Commission to award benefits without further requirements on the appellant.

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744 So. 2d 465, 1999 Fla. App. LEXIS 1900, 1999 WL 90131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lugo-v-westside-sanitation-inc-fladistctapp-1999.

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