From Casetext: Smarter Legal Research

Amador v. Norcross Teleservices

District Court of Appeal of Florida, Third District
Jun 25, 2003
847 So. 2d 1129 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 3D02-1469.

Opinion filed June 25, 2003.

An Appeal from the Florida Unemployment Appeals Commission. Lower Tribunal No. 02-1624.

Janelle M. Amador, in proper person. John D. Maher, for appellee, Florida Unemployment Appeals Commission.

Before GERSTEN, FLETCHER and SHEVIN, JJ.


Janelle Amador appeals the denial of unemployment benefits. We reverse. The referee found that Amador was discharged because she allowed her co-worker to log her password in at Amador's telephone station when Amador returned to her car in the parking lot to retrieve her lunch. This may be serious enough to warrant dismissal; however, it is insufficient to justify denial of benefits. See Galletti v. Piedmont Airlines, Inc., 652 So.2d 408 (Fla. 3d DCA 1995); Bigler v. Florida Unemployment Appeals Comm'n, 841 So.2d 610 (Fla. 3d DCA 2003), and cases cited therein. "Mere exercise of poor judgment does not amount to misconduct sufficient to support the denial of unemployment benefits." Navarrete v. Florida Unemployment Appeals Comm'n, 726 So.2d 833, 834 (Fla. 3d DCA 1999);Etienne v. Muvico Theatres, Inc., 792 So.2d 648 (Fla. 3d DCA 2001). See also Smith v. Krugman-Kadi, 547 So.2d 677 (Fla. 1st DCA 1989), review denied, 558 So.2d 20 (Fla. 1990). Accordingly, the order is reversed and the cause remanded with directions to grant claimant unemployment benefits.

Reversed and remanded.


Summaries of

Amador v. Norcross Teleservices

District Court of Appeal of Florida, Third District
Jun 25, 2003
847 So. 2d 1129 (Fla. Dist. Ct. App. 2003)
Case details for

Amador v. Norcross Teleservices

Case Details

Full title:JANELLE M. AMADOR, Appellant, v. NORCROSS TELESERVICES, INC., and FLORIDA…

Court:District Court of Appeal of Florida, Third District

Date published: Jun 25, 2003

Citations

847 So. 2d 1129 (Fla. Dist. Ct. App. 2003)