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Hernandez v. Florida Orthopedics Inc.

Citations: 861 So. 2d 525; 2003 Fla. App. LEXIS 19534; 2003 WL 23008834Docket: No. 3D03-475

Court: District Court of Appeal of Florida; December 23, 2003; Florida; State Appellate Court

Narrative Opinion Summary

Francis Hernandez appealed a decision by the Florida Unemployment Appeals Commission, which upheld an appeals referee's denial of his unemployment benefits based on allegations of "misconduct" related to his work. The court accepted the referee's findings of fact, noting that while Hernandez's repeated tardiness was a valid reason for his termination, it did not constitute the level of "misconduct" required to disqualify him from receiving benefits under Florida law. Citing the precedent set in Santiago v. Home Depot USA, Inc., the court reversed the prior decision, indicating that Hernandez should not be deprived of unemployment benefits due to his tardiness.

Legal Issues Addressed

Misconduct and Unemployment Benefits under Florida Law

Application: The court determined that repeated tardiness, while a valid reason for termination, does not meet the threshold of 'misconduct' necessary to disqualify an individual from unemployment benefits.

Reasoning: The court accepted the referee's findings of fact, noting that while Hernandez's repeated tardiness was a valid reason for his termination, it did not constitute the level of 'misconduct' required to disqualify him from receiving benefits under Florida law.

Precedent in Determining Misconduct for Unemployment Claims

Application: The court applied the precedent established in Santiago v. Home Depot USA, Inc. to support its decision to reverse the denial of benefits, affirming that tardiness does not amount to 'misconduct' under the precedent.

Reasoning: Citing the precedent set in Santiago v. Home Depot USA, Inc., the court reversed the prior decision, indicating that Hernandez should not be deprived of unemployment benefits due to his tardiness.