Opinion
No. 97-03757
Opinion filed April 24, 1998.
Appeal from the Florida Unemployment Appeals Commission.
James S. Garbett of James S. Garbett, P.A., Tampa, for Appellant.
Arnold B. Corsmeier of Thompson, Sizemore Gonzalez, Tampa, for Appellee School Board.
No appearance for Appellee UAC.
Maxine L. Fontaine appeals the Unemployment Appeals Commission's order affirming the appeals referee's decision that she was not eligible for unemployment compensation benefits because she was discharged for "misconduct connected with work." Fontaine was discharged when her temporary teaching certificate expired and she had not obtained her professional teaching certificate in a timely manner. The facts in this case cannot be significantly distinguished from those in Gulf County School Board v. Washington, 567 So.2d 420 (Fla. 1990). Therefore, based onWashington, we conclude the School Board's discharge of Fontaine was not a result of her misconduct as defined by section 443.036(26), Florida Statutes (1995).
Accordingly, we reverse and remand with directions to award Fontaine unemployment compensation benefits.
FULMER and NORTHCUTT, JJ., Concur.