Opinion
No. 98-1711
Opinion filed February 10, 1999.
Appealed from the Florida Unemployment Appeals Commission.
Inseul Fenelus, in proper person; L.T. No. 98-3146.
John D. Maher, for appellees.
Before SCHWARTZ, C.J., and NESBITT and SHEVIN, JJ.
Inseul Fenelus appeals an order of the Unemployment Appeals Commission affirming the referee's denial of unemployment benefits. We reverse.
The record reveals that Fenelus' actions demonstrate "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, No. 98-11650, slip op. at 2 (Fla. 3d DCA Feb. 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 are constrained to reiterate the oft-stated maxim that misconduct serious enough to justify dismissal is not ipso facto tantamount to misconduct warranting forfeiture of benefits. See Navarrete, slip op. at 2; and cited cases.
Reversed and remanded with directions to grant claimant benefits.