Opinion
No. 96-1521.
March 26, 1997.
An Appeal from the Florida Unemployment Appeals Commission.
Jose F. Fons, Miami, for appellant.
Delgado, Befeler, Starkman Magolnick and Monique T. Befeler, Miami, for appellee Argus International.
William T. Moore, Tallahassee, for appellee Florida Unemployment Appeals Commission.
Before COPE, GODERICH and FLETCHER, JJ.
Javier A. Velasquez appeals the denial of his application for unemployment benefits. Because the record of the hearing (which the former employer did not attend) reflects that this was an isolated incident of poor judgment by Velasquez which did not rise to the level of misconduct, see Benitez v. Girlfriday, Inc., 609 So.2d 665 (Fla. 3d DCA 1992), we reverse the order of the Florida Unemployment Appeals Commission. The cause is remanded for further proceedings consistent herewith.