Summary
finding that although the claimant's tardiness on several occasions was sufficient for termination from employment, it did not rise to the level of misconduct necessary to deny unemployment benefits
Summary of this case from Norwood v. Ariz. Dep't of Econ. Sec.Opinion
Case No. 3D03-475.
Opinion filed December 24, 2003.
Silverio Hall, and Francis X. Sexton, Jr., for appellant.
John D. Maher (Tallahassee), for Unemployment Appeals Commission.
Before SCHWARTZ, C.J., and GERSTEN and GODERICH, JJ.
Francis Hernandez ("Hernandez") appeals a Florida Unemployment Appeals Commission's affirmance of an appeals referee's decision denying Hernandez unemployment benefits. The basis for the denial of benefits was "misconduct" connected to work. See § 443.036(29), Fla. Stat. (2002). Accepting the findings of fact made by the appeals referee, we conclude although Hernandez's tardiness in reporting to work on several occasions was "more than sufficient cause to justify his termination from his job, it clearly does not rise to the level of `misconduct' necessary so as to deprive him of unemployment benefits." See Santiago v. Home Depot USA, Inc., 716 So.2d 350 (Fla. 3d DCA 1998).
Accordingly, we reverse the order below.