Pereira v. Unemployment Appeals Commission

District Court of Appeal of Florida

Pereira v. Unemployment Appeals Commission

745 So. 2d 573, 1999 Fla. App. LEXIS 16643, 1999 WL 1127742

CourtDistrict Court of Appeal of Florida

DecidedDecember 10, 1999

DocketNo. 99-869

StatusPublished

Cited by1 cases

This text of 745 So. 2d 573 (Pereira v. 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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Pereira v. Unemployment Appeals Commission, 745 So. 2d 573, 1999 Fla. App. LEXIS 16643, 1999 WL 1127742 (Fla. Ct. App. 1999).

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Opinion

COBB, J.

We reverse the denial to the appellant of unemployment compensation benefits due to misconduct. The record reflects unsatisfactory performance by the appellant including repeated instances of ineptitude which clearly warranted her discharge from employment. However, no evidence was presented indicating that the appellant’s incompetent performance was the result of a lack of effort, any wrongful intent, a deliberate disregard of workplace rules, or an indifference to the employer’s interests. See § 443.036(29), Fla. Stat. Absent such evidence, the appellant’s unsatisfactory job performance did not disqualify her from receipt of unemployment compensation benefits. See, e.g., Cabrera v. Palmetto Ford Truck Sales, Inc., 740 So.2d 568 (Fla. 3d DCA 1999); Clifford v. Mile Marker 82 Limited Partnership, 623 So.2d 632 (Fla. 3d DCA 1993); Lewis v. Unemployment Appeals Commission, 498 So.2d 608 (Fla. 5th DCA 1986).

REVERSED AND REMANDED.

ANTOON, C.J., and DAUKSCH, J., concur.

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COBB, J.

We reverse the denial to the appellant of unemployment compensation benefits due to misconduct. The record reflects unsatisfactory performance by the appellant including repeated instances of ineptitude which clearly warranted her discharge from employment. However, no evidence was presented indicating that the appellant’s incompetent performance was the result of a lack of effort, any wrongful intent, a deliberate disregard of workplace rules, or an indifference to the employer’s interests. See § 443.036(29), Fla. Stat. Absent such evidence, the appellant’s unsatisfactory job performance did not disqualify her from receipt of unemployment compensation benefits. See, e.g., Cabrera v. Palmetto Ford Truck Sales, Inc., 740 So.2d 568 (Fla. 3d DCA 1999); Clifford v. Mile Marker 82 Limited Partnership, 623 So.2d 632 (Fla. 3d DCA 1993); Lewis v. Unemployment Appeals Commission, 498 So.2d 608 (Fla. 5th DCA 1986).

REVERSED AND REMANDED.

ANTOON, C.J., and DAUKSCH, J., concur.

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745 So. 2d 573, 1999 Fla. App. LEXIS 16643, 1999 WL 1127742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pereira-v-unemployment-appeals-commission-fladistctapp-1999.

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