Gonzalez v. Florida Unemp. App. Comm

Full title: ROLANDO GONZALEZ, Appellant, vs. FLORIDA UNEMPLOYMENT APPEALS COMMISSION…

Court: District Court of Appeal of Florida, Third District

Date published: Mar 15, 2000

752 So. 2d 726 (Fla. Dist. Ct. App. 2000)

Opinion

No. 3D99-2339.

Opinion filed March 15, 2000.

An appeal from the Florida Unemployment Appeals Commission, L.T. No. UAC 99-4130.

Rolando Gonzalez, in proper person.

John D. Maher (Tallahassee), for appellee Florida Unemployment Appeals Commission.

Before GERSTEN, FLETCHER, and SORONDO, JJ.

PER CURIAM.

Rolando Gonzalez appeals an order of the Unemployment Appeals Commission affirming the referee's denial of unemployment benefits. We reverse.

The record reveals that Gonzalez' actions amounted to "the mere exercise of poor judgment [that] does not amount to misconduct sufficient to support the denial of unemployment compensation benefits." Navarrete v. Florida Unemployment Appeals Comm'n, 24 Fla. L. Weekly D326 (Fla. 3d DCA February 3, 1999). See, e.g., Baptiste v. Waste Management, Inc., 701 So.2d 386 (Fla. 3d DCA 1997); Castillo v. Sally Beauty Co., Inc., 637 So.2d 269 (Fla. 3d DCA 1994). We state again that misconduct serious enough to justify dismissal is not always sufficient to support forfeiture of benefits.

Reversed and remanded with directions to grant claimant benefits.