Florida/Georgia Personal Injury & Workers Compensation

...its. We conclude that the use of offensive language in this isolated and private argument is not misconduct as defined in the statute. Misconduct, as a ground for disqualification from unemployment compensation benefits, is to be narrowly construed. § 443.031, Fla....

...his employer. § 443.036(26), Fla. Stat. (1989). In determining whether misconduct has occurred which would disqualify a claimant from receiving unemployment compensation benefits, the statute should be liberally construed in favor of the claimant. § 443.031, Fla....

...ion.—This chapter shall be liberally construed to accomplish its purpose to promote employment security.... [A]ll doubts as to the proper construction of any provision of this chapter shall be resolved in favor of conformity with such requirements. § 443.031, Fla....

...scrupulously honored any bargain struck at counseling. This is precisely the evil that chapter 443 was intended to dispel—i.e., social insecurity. [10] Under the plain language of the above statutes and the rule of liberal construction contained in section 443.031, the precipitating act itself -either standing alone or in conjunction with the prior record-must constitute misconduct....

...The declared purpose of Florida's Unemployment Compensation Law is to provide financial assistance to persons unemployed through no fault of their own. § 443.021, Fla. Stat. (1987). The legislature has mandated that the Unemployment Compensation Law is to be liberally construed in order to achieve its intended purpose. § 443.031, Fla....

...denied Grossman unemployment benefits to which the unemployment appeals referee determined she was entitled. As the purpose of Florida's Unemployment Compensation Law is remedial, the law generally must be liberally construed in favor of claimants. § 443.031, Fla....

...We and the Commission are bound by that finding. Accordingly, we reverse the order rendered by the Commission and remand for entry of an order reinstating the Referee's order. REVERSED and REMANDED. PETERSON and ORFINGER, R.B., JJ., concur. NOTES [1] See also § 443.031, Fla....

...The special deputy properly weighed this factor as pointing towards an employment relationship. This factor is more relevant than some of the others in the context of carrying out the state's policy of taxing a business to pay (in part) for the risks of unemployment in that business. § 443.031, Fla....

...Apparently, remuneration from self-employment is permissible under the statute. Such employment may require equipment or supplies necessary to perform the required services. However, the statute does not state that supplies may not be included in the amount earned. Section 443.031, Florida Statutes (1993), requires that "[t]his chapter shall be liberally construed to accomplish its purpose ......

...hat the appeal was untimely. The unemployment compensation statute's stated intent is, in part, to lighten the burden of unemployment on unemployed workers and their families, section 443.021; and the statute contains a rule of liberal construction, section 443.031....

...om receiving unemployment benefits; its disqualification provisions must be construed narrowly. Hummer v. Unemployment Appeals Comm'n, 573 So.2d 135, 137 (Fla. 5th DCA 1991); Langley v. Unemployment Appeals Comm'n, 444 So.2d 518 (Fla. 1st DCA 1984); § 443.031, Fla....

...o manifest culpability, wrong intent or evil design." § 443.036(26), Fla. Stat. (1993). In determining whether misconduct has occurred that would disqualify a claimant from receiving unemployment benefits, the statute should be liberally construed. § 443.031, Fla....

...alls with crushing force upon the unemployed worker and his family." § 443.021, Fla. Stat. (1993). Furthermore, Unemployment Compensation Law is remedial in nature and thus must be construed liberally to effect the stated objectives of the statute. § 443.031, Fla....

...his employer. § 443.036(26), Fla. Stat. (1993). In determining whether misconduct has occurred which would disqualify a claimant from receiving unemployment compensation benefits, the statute should be liberally construed in favor of the claimant. § 443.031, Fla....

...pensation benefits, the statute should be liberally construed in favor of the claimant." Langley v. Unemployment Appeals Commission, 444 So.2d 518, 520 (Fla. 1st DCA 1984). This is because the unemployment compensation statute is remedial in nature. § 443.031, Fla....

...in deliberate violation or disregard of standards of behavior the employer has the right to expect of his employee." § 443.036(29)(a), Fla. Stat. (1999). The definition of misconduct should be liberally construed in favor of those for whose benefit unemployment compensation exists. § 443.031, Fla....

...ligations to his employer. § 443.036(26), Fla. Stat. (1989). The statute should be liberally construed in favor of the claimant in determining whether misconduct has occurred which would disqualify the claimant from receiving unemployment benefits. § 443.031, Fla....

...4th DCA 1973). In construing the concepts of voluntariness and good cause, it is important to remember that Florida's Unemployment Compensation Law is remedial, humanitarian legislation, and that it must be liberally construed in favor of claimants. § 443.031, Fla....

...arelessness" in the Notice of Decision of Appeals Referee did not rise to the level of misconduct as contemplated in the statute. We are constrained to reach this conclusion by prior decisions interpreting "misconduct" under this section, [3] and by section 443.031, Florida *109 Statutes (1995), which provides in pertinent part: This chapter shall be liberally construed to accomplish its purpose to promote employment security ......

...facts in the instant case. Specifically, the teacher in Lee did not make a good faith effort to comply with known employment conditions, whereas the claimant here has. See Goodhart, Determining The Ratio Decidendi of a Case, 40 Yale L.J. 161 (1930). Section 443.031, Florida Statutes (1987), provides that Chapter 443 is to be "liberally construed" to accomplish its purpose, which includes providing for "the payment of compensation to individuals with respect to their unemployment." In view of thi...

..."In determining whether misconduct has occurred which would disqualify a claimant from receiving unemployment benefits, the statute should be liberally construed in favor of the claimant." Donnell v. University Community Hosp., 705 So.2d 1031, 1032 (Fla. 2d DCA 1998); see § 443.031, Fla....

...In contrast, the statute's disqualification provisions "are to be narrowly construed." Davidson v. AAA Cooper Transp., 852 So.2d 398, 401 (Fla. 3d DCA 2003) (citation omitted). Further, the statute focuses on providing benefits to a claimant who is "unemployed through no fault of his or her own." § 443.031, Fla....

...eiving unemployment compensation benefits, the statutes should be liberally construed in favor of the claimant to accomplish their purpose to promote employment security. Hummer v. Unemployment Appeals Comm'n, 573 So.2d 135, 137 (Fla. 5th DCA 1991); § 443.031, Fla....

...nt, or evil design or shows an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his or her employer. This statute is liberally construed in favor of a claimant of unemployment benefits. § 443.031, Fla....

...oyment ... by the systematic accumulation of funds during the periods of employment from which benefits may be paid for periods of unemployment thus maintaining purchasing power and limiting the serious social consequences of unemployment." Finally, Section 443.031, Florida Statutes, provides that Chapter 443 "shall be liberally construed to accomplish its purpose to promote employment security......

...Nonetheless, we must ascribe to words within a statute their ordinary meaning. Beard, 369 So.2d at 385; Florida Gulf Health Sys. Agency, Inc. v. Commission on Ethics, 354 So.2d 932 (Fla. 2d DCA 1978). And, while the unemployment compensation statute is remedial and thus to be construed liberally, § 443.031, Fla....

...s there is neither reason nor policy expressed in the language of the statute to support an expansive reading of it. Stivers v. Ford Motor Credit Co., 777 So.2d 1023, 1026 (Fla. 4th DCA 2000). Here, the enactment of the Rule of Liberal Construction, section 443.031, Florida Statutes (2011), 3 sup *198 ports an expansive reading of section 443.1216....

...3d DCA 1998) (applying a broad construction to hold that a physician with 16 years experience working as a “fellow” in a hospital was not excluded from coverage under the unemployment compensation provision that excluded services performed by an “intern”). Furthermore, section 443.031, Florida Statutes (2011), declares the legislature’s intent to cooperate with agencies of other states and of the federal government, to meet the requirements of Title III, the Federal Unemployment Tax Act (“FUTA”), and the Wagner-Peyser Act, and to “secure for this state and its citizens the grants and privileges available under such acts.” section 443.031, Fla....

...Disqualifying employees who are also students from unemployment benefits where their academic pursuit is wholly unrelated and subordinate to their employment is neither reasonable nor in line with the legislative intent to “promote employment security.” Also, section 443.031, Florida Statutes (2011), expressly directs the courts to construe the Unemployment Compensation Law in conformity with the laws of other states and the federal government....

...ly 1, 2012, is now known as the Florida Reemployment Assistance Appeals Commission. See Ch.2012-30, § 2, Laws of Fla. . Effective July 1, 2011, this agency became known as the Department of Economic Opportunity. See § 443.012, Fla. Stat. (2011). . Section 443.031, Florida Statutes (2011), states: This chapter shall be liberally construed to accomplish its purpose to promote employment security by increasing opportunities for reemployment and to provide, through the accumulation of reserves, for the payment of compensation to individuals with respect to their unemployment....

...he grants and privileges available under such acts. All doubts as to the proper construction of any provision of this chapter shall be resolved in favor of conformity with such requirements. . In 2011, the Florida Legislature amended the language of section 443.031, Florida Statutes (2003)....

...berally construed, while provisions disqualifying claimants from receiving unemployment benefits are considered to be exceptions which must be construed narrowly, Hormel; Davis; Dep't of Indus. Relations v. Pickett, 448 So.2d 364 (Ala.Civ.App.1983). Section 443.031, Florida Statutes (1995), provides that the unemployment compensation chapter "shall be liberally construed to accomplish its purpose to promote employment security ......

...termining the employee's benefit rights pursuant to R.C. 4141.29(D)(2)(a). 465 N.E.2d at 895. We recognize that as a matter of general policy, the Unemployment Compensation Law should be liberally construed in favor of the claimant for benefits. See § 443.031, Fla....

...[if] the individual has been discharged by his or her employing unit for misconduct connected with his or *1197 her work." The unemployment statutes are to be "liberally construed in favor of a claimant of unemployment benefits who is unemployed through no fault of his or her own." § 443.031, Fla....

...With this standard, unemployment funds will be used in a manner not contemplated by the legislature. As argued by the Agency, the purpose of the unemployment compensation statute is to provide economic assistance to persons unemployed through no fault of their own. § 443.031, Fla....

...to be used for the benefit of persons unemployed through no fault of their own...." § 443.021, Fla.Stat. (1995). Further, the Unemployment Compensation Law establishes a rule of liberal construction so that the statute accomplishes its intended purpose. See id. § 443.031....

...However, Carrigan contended both at the hearing and on the notice of appeal, that he did not receive the determination letter until March 4, 1992. Since his was the only competent evidence adduced on this point, the referee's determination of untimeliness must be reversed. Section 443.031 provides that Chapter 443 is to be liberally construed, and numerous cases have held that although an appeal was not timely filed, an appeal was proper....

...t the term "intern" includes "residents" and "fellows." This appeal follows. The Commission erred in its ruling. The Unemployment Compensation Law is to be liberally construed in favor of the provision of compensation to individuals who need it. See § 443.031, Fla....

...At the hearing, Carrigan testified that he did not receive the determination until March 4,1992. Id. This court reversed, concluding that Carrigan’s testimony was the only competent evidence of when the notice of determination was received. Id. This court noted that section 443.031 specifies that Chapter 443 is to be liberally construed and cited to Florida’s numerous cases holding that, although the appeal was not timely filed, an appeal was possible....

statute is intended to be liberally construed, § 443.031, Fla.Stat. (1991), recognizing an express declaration

...care of a resident at Brookwood Gardens). [5] The Agency for Workforce Innovation, FUAC, and this Court are directed to liberally construe the unemployment compensation statute in favor of claimants who are unemployed through no fault of their own. § 443.031, Fla....

...f wrongdoing or bad faith on the employer’s part constitute ‘good cause attributable to the employer.’ ” Id. Yet, the Third District ruled that section 443.101 “is not so limited.” Id. at 248-49. Rather, the court emphasized “[s]ection 443.031 mandates that, ‘This chapter shall be construed liberally to accomplish its purpose to promote employment security....” Id....

...z . Because we conclude the analysis employed in Rodriguez expresses the better view under the particular circumstances of this case, we decline to apply Astrom, Calle and Lake . In so doing, we consider it appropriate to emphasize the provisions of section 443.031, Florida Statutes, stating that chapter 443 “shall be liberally construed to accomplish its purpose to promote employment security ......

Compensation Chapter’s rule of liberal construction, § 443.031, Fla. Stat. (1997), and intent of lightening the

...d have no effect in the first appeal. Our legislature has expressly directed that the unemployment benefits statutes "shall be liberally construed in favor of a claimant of unemployment benefits who is unemployed through no fault of his or her own." Section 443.031, Fla....

...and conclusions that Appellant is disqualified from receiving emergency unemployment compensation benefits because Appellant voluntarily quit work without “good cause,” as this term is used in section 443.101(l)(a), Florida Statutes (2008). See § 443.031, Fla....

...id not show evidence to support any employer wrongdoing. The UAC contends that only instances of wrongdoing or bad faith on the employer’s part constitute “good cause attributable to the employer.” However, the stat *249 ute is not so limited. Section 443.031 mandates that, “This chapter shall be construed liberally to accomplish its purpose to promote employment security....” The strict construction urged by UAC is thus inappropriate....

liberal construction in favor of the claimant (section 443.031, Florida Statutes (2010), applicable to the

...referenced counseling. “In defining misconduct, courts are required to liberally construe the [unemployment compensation] statute in favor of the employee.” Mason v. Load King Manufacturing Co., 758 So.2d 649, 654 (Fla.2000) (citations omitted); § 443.031, Fla....

...Not all conduct warranting the termination of an employee arises to the level of "misconduct" as defined by section 443.036(29), Florida Statutes (2007). [2] Davidson v. AAA Cooper Transp., 852 So.2d 398, 401 (Fla. 3d DCA 2003). The referee was obligated to construe the statute liberally in favor of the claimant. § 443.031, Fla....

liberally construed in favor of claimants. See § 443.031, Fla. Stat. (1993). An employee is disqualified

...unless there is no competent substantial evidence upon which the referee's decision might rest. Moreover, the referee was obligated by statute (as are FUAC and this Court) to construe that definition of misconduct liberally in favor of Ms. Gonzalez. § 443.031, Fla....

...Coral Gables Walter F. Stathers Mem’l Lodge 7, 976 So.2d 57, 63 (Fla. 3d DCA 2008); Brown v. Unemployment Appeals Comm’n, 633 So.2d 36, 39 (Fla. 5th DCA 1994). 2 Effective June 27, 2011, a short time before Laneri’s hearing, the Legislature amended section 443.031, Florida Statutes....

...nstrued to accomplish its purpose to promote employment security by increasing opportunities for reemployment and to provide, through the accumulation of reserves, for the payment of compensation to individuals with respect to their unemployment.” § 443.031, Fla....

...While it is well-settled that the remedial aspect of the unemployment compensation statutory scheme requires a liberal construction in favor of awarding benefits, in this case, the plain and ordinary meaning of the statute requires reversal. See Mason v. Load King Mfg. Co., 758 So.2d 649, 655 (Fla.2000); § 443.031, Fla....

...We and the Commission are bound by' that finding. Accordingly, we reverse the order rendered by the Commission and remand for entry of an order reinstating the Referee’s order. REVERSED and REMANDED.. PETERSON and ORFINGER, R.B., JJ., concur. . See also § 443.031, Fla....

...ion benefits. Both the unemployment compensation referee and the UAC rejected her claim. We affirm. The declared public purpose of the unemployment compensation law is to provide economic assistance to those unemployed through no fault of their own. § 443.031, Fla....