Florida/Georgia Personal Injury & Workers Compensation

...mmission (UAC) upholding the appeals referee's denial of her entitlement to unemployment compensation benefits. She argues that her actions resulting in her discharge from employment did not rise to the level of misconduct as that term is defined in section 443.036(26), Florida Statutes (1991)....

...See also DeGroot v. Sheffield, 95 So.2d 912, 916 (Fla. 1957) (defining "competent substantial evidence"). Based on this standard of review, we conclude that the UAC's order must be set aside. The genesis for the finding of misconduct in this case is section 443.036(26) which defines such conduct as "willful or wanton disregard of an employer's interests" or "[c]arelessness or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design." Under well establ...

...nt. Instead, our decision is nothing more than a reaffirmation of the basic legal principle that a discharge from employment based on an unsatisfactory work performance, without more, is insufficient as a matter of law to constitute misconduct under section 443.036(26) and thus warrant the denial of unemployment compensation benefits....

...ess or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. § 443.036(24), Fla....

...Oklahoma Employment Security Comm'n, 823 P.2d 390 (Okla. App. 1991); Breithaupt v. Employment Appeals Bd., 453 N.W.2d 532 (Iowa 1990); Silva v. Nelson, 31 Cal. App.3d 136, 106 Cal. Rptr. 908 (1973); Unemployment Compensation Bd. v. Tumolo, 25 Pa.Commw. 264, 360 A.2d 763, 765 (1976). Under section 443.036(26), Florida Statutes (1991), "misconduct" includes "conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employer has the rig...

...Arbelaez pervaded the entire relationship. Ms. Arbelaez testified, "I could not send her to any of my clients." I would affirm the order under review. NOTES [1] Benitez admitted to hurling epithets generally, but denied having said that the manager was of gross canine ancestry. [2] Section 443.036(26) provides: MISCONDUCT....

...ess or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. § 443.036(26), Fla....

...1st DCA 1982) and Metropolitan Dade County v. Stein, 384 So.2d 167 (Fla. 3d DCA 1980). Neither case is relevant to the case sub judice, and neither offers a definition of "wages." Westfall refers us to section 440.02(12), Florida Statutes (1981), and section 443.036(31)(a), Florida Statutes (1981)....

...Each section offers a definition of "wages", but neither is controlling in the present case; the former is part of the worker's compensation chapter and the latter is part of the unemployment compensation chapter of the Florida Statutes. Nevertheless, the definition given in section 443.036(31)(a) is helpful....

...ve positions on this issue. See Affetto v. TRW, Inc., 691 F.2d 357 (7th Cir.1982); Crepeau v. Renewal Guaranty Corp., 29 Colo. App. 23, 478 P.2d 698 (1970); Hekker v. Sabre Construction Co., 262 Or. 552, 510 P.2d 347 (1973). The definitions given in section 443.036(31)(a) and in Black's Law Dictionary seem to us to be the logical ones to utilize in construing whether commissions are wages as that word is used in section 448.08....

...ess or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. § 443.036(26), Fla....

...In our view, although excessive absenteeism or tardiness may constitute misconduct which justifies termination of employment and therefore precludes collection of unemployment compensation benefits, Sanchez v. Department of Labor, Etc., 411 So.2d 313 (Fla. 3d DCA 1982), an employer has the burden under section 443.036(24), Florida Statutes, to show misconduct with a preponderance of proof that the absences were indeed unexcusable and in detriment to the employer's interests....

...asoning of the district court in the instant case. In our view, excessive unauthorized absenteeism presumptively hampers the operation of a business and is inherently detrimental to an employer. We hold, therefore, that a finding of misconduct under section 443.036(24) is justified when an employer presents substantial competent evidence of an employee's excessive unauthorized absenteeism....

...a showing that the conduct immediately precipitating the employee's termination from employment was inexcusable." Mason, 715 So.2d at 280. As previously mentioned, the statutory provisions defining misconduct are the same today as they were in 1985. Section 443.036(26) defines misconduct as: (a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employer has the right to expect of his em...

...n or to show an intentional and substantial disregard of the employer's interests or of the employees duties and obligations to his employer. In Tallahassee Housing Authority we held that an employer satisfies his burden of proving "misconduct under section 443.036(24) ......

...ployment compensation could be denied). Applying the standard espoused in Tallahassee Housing Authority, we find that Load King Manufacturing satisfied its burden of proof, and, as a result, Mason was properly terminated for misconduct as defined in section 443.036(26), Florida Statutes (1995)....

...negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his or her employer. § 443.036(26), Fla....

...sed on "excessive unauthorized absenteeism": *659 In our view, excessive unauthorized absenteeism presumptively hampers the operation of a business and is inherently detrimental to any employer. We hold, therefore, that a finding of misconduct under section 443.036(24) is justified when an employer presents substantial competent evidence of an employee's excessive unauthorized absenteeism....

...duct that precipitated the discharge was authorized. This rule violates the plain language and broad purpose of chapter 443. Section 443.101(1) expressly states that disqualification is justified if the worker is "discharged ... for misconduct," and section 443.036(26) defines misconduct as "willful or wanton" conduct that "deliberately" disregards the employer's standards....

...1st DCA 1998). [16] ANSTEAD and PARIENTE, JJ., concur. NOTES [1] An employee can be disqualified from receiving compensation benefits under section 443.101, Florida Statutes (1995), if it is found that the employee was terminated for misconduct as defined in section 443.036(26), Florida Statutes (1995). Under section 443.036(26), misconduct is defined as: (a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employer has the right to expect of hi...

...e as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employees duties and obligations to his employer. [2] The definition of misconduct as provided in section 443.036(24) is the same as it was in 1985....

...hority v. Florida Unemployment Commission, 463 So.2d 1216 (Fla. 1st DCA 1985), in which the district court held that an employer that denies an employee's claim for unemployment compensation benefits on the basis of excessive absenteeism must, under section 443.036(24), Florida Statutes (1983), show by a preponderance of proof that the absences were unexcusable and detrimental to the employer's interests....

...use the Housing Authority made no showing that Barron's absences violated any of the Authority's policies or that such absences showed an intentional disregard on Barron's part for its interests so as to constitute "misconduct" within the meaning of section 443.036(24)....

...ient to justify termination: [A]lthough excessive absenteeism or tardiness may constitute misconduct which justifies termination of employment and therefore precludes collection of unemployment compensation benefits, an employer has the burden under section 443.036(24), Florida Statutes, to show misconduct with a preponderance of proof that the absences were indeed unexcusable and in detriment to the employer's interests....

...We reject the reasoning of the district court in the instant case. In our view, excessive unauthorized absenteeism presumptively hampers the operation of a business and is inherently detrimental to an employer. We hold, therefore, that a finding of misconduct under section 443.036(24) is justified when an employer presents substantial competent evidence of an employee's excessive unauthorized absenteeism....

...Under the circumstances of the instant case, we find that the summary of absences upon which the referee relied in denying Barron's unemployment compensation benefits was erroneously admitted into evidence. Consequently, no substantial competent evidence supports a finding of misconduct under section 443.036(24)....

...stances of this cause. For the reasons expressed, we quash the district court's decision and direct that the case be remanded for a new evidentiary hearing. It is so ordered. BOYD, C.J., and ADKINS, McDONALD, EHRLICH and SHAW, JJ., concur. NOTES [1] Section 443.036(24), provides: "Misconduct" includes, but is not limited to, the following, which shall not be construed in pari materia with each other: (a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in...

...nefits: (1)(a) For the week in which he has voluntarily left his work without good cause attributable to his employing unit or in which he has been discharged by his employing unit for misconduct connected with his work, if so found by the division. Section 443.036(26), defines misconduct as: Misconduct....

...ting benefits under only two circumstances. One of these is when the claimant "has been discharged by his employing unit for misconduct connected with his work." § 443.101(1)(a), Fla. Stat. (1987). For purposes of the Unemployment Compensation Law, section 443.036(25), Florida Statutes (1987), defines misconduct as follows: (25) MISCONDUCT....

...However, the UAC made the finding that the new schedule did not vary substantially from the previous one, and that Maynard in fact had accepted work schedule changes previously that included night and weekend work. The UAC determined this refusal to work the new schedule as misconduct connected with work. Section 443.036(26), Florida Statutes (1991), defines the term misconduct: "Misconduct" includes, but is not limited to, the following, which shall not be construed in pari materia with each other: (a) Conduct evincing such willful or wanton disregar...

...The term misconduct includes, but is not limited to, conduct which shows "such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employer has the right to expect of his employee[.]" § 443.036(26), Fla.Stat....

...Burdines, Inc., 611 So.2d 1329, 1331 n. 1 (Fla. 3d DCA 1993); Benitez v. Girlfriday, Inc., 609 So.2d 665 (Fla. 3d DCA 1992). An employee may be denied benefits if the employer discharged him for "misconduct connected with his work." § 443.101(1), Fla.Stat. (1993). Under section 443.036(26), Florida Statutes (1993), "misconduct" may be: conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation of standards of behavior which the employer has the right to expect of...

...connected with work, and that therefore Santanello was disqualified from receiving benefits. However, the burden of proof is on the employer to show misconduct. Paul v. Jabil Circuit Co., 627 So.2d 545 (Fla. 2d DCA 1993). "Misconduct" is defined in section 443.036(26), Florida Statutes (1995): (26) Misconduct....

...Lynch of Huey & Lynch, Ocala, for appellant. John D. Maher, Tallahassee, for appellee. COBB, Judge. The issue in this appeal is whether the appellant, David Lewis, was properly denied unemployment compensation based on a finding of misconduct. Misconduct is defined by section 443.036(24), Florida Statutes (1985), as follows: (24) MISCONDUCT....

...4th DCA 1984) (misconduct found where employee made errors, arrived late, did personal work at his desk and wasted time on clerical tasks). A basis for Lewis' termination is present in the record; however, his conduct was not such as to constitute misconduct as defined by section 443.036(24), Florida Statutes (1985)....

...the negligent failure to ring up the sale. [1] This aspect of the case is thus controlled by the well-established rule of law that a single negligent failure to ring up a sale cannot support a finding that the employee was guilty of misconduct under Section 443.036(24), Florida Statutes (1985), [2] and thus render the employee ineligible for unemployment compensation benefits....

...eve that I have worked here in this company for four years and this f____ing thing is going on" — constituted a "disregard of standards of behavior which the employer has the right to expect of [its] employee" that would constitute misconduct under Section 443.036(24)(a), Florida Statutes (1985)....

...I said failure to properly ring up the sale, improper cash register procedures. Okay it was a combination in her case, improper cash register procedures and failure to ring up the merchandise. Okay, [we] never said she took the merchandise or someone stole the merchandise." [2] Section 443.036(24) reads: "MISCONDUCT....

...y disentitling her to such benefits under Section 443.101(1)(a), Florida Statutes (1983). Accepting fully the findings of fact made by the appeals referee, we conclude that such facts do not, as a matter of law, constitute "misconduct" as defined by Section 443.036(24), Florida Statutes (1983), and consequently cannot disentitle her to unemployment compensation benefits under Section 443.101(1)(a), Florida Statutes (1983)....

...r view, justify a denial of unemployment compensation benefits to her. It is settled that an employee's exercise of bad judgment, causing an otherwise proper employment dismissal, does not, without more, constitute "misconduct" within the meaning of Section 443.036(24), Florida Statutes (1983), and therefore cannot preclude the payment of unemployment compensation benefits under Section 443.101(1)(a), Florida Statutes (1983)....

...nder such circumstances, the claimant was discharged for misconduct connected with work within the meaning of the law." In determining whether a claimant is disqualified from unemployment compensation benefits for misconduct in connection with work, section 443.036(26), Florida Statutes (1993), the statute defining such misconduct, must be liberally construed in favor of the claimant....

...Misconduct is a "willful or wanton disregard for an employer's interests" or "carelessness or negligence of such a degree ... as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests." § 443.036(26), Fla....

...But certain restrictions apply, even when unemployment is involuntary. Webb v. Rice, 693 So.2d 1109 (Fla. 3d DCA 1997). A claimant is not entitled to unemployment compensation benefits if the employer discharges the claimant for misconduct connected with work. § 443.101(1)(a), Fla. Stat. (1995). Section 443.036(26), Florida Statutes (1995), defines "misconduct" as (a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employer has th...

...willful or wanton disregard of [her] employer's interests" or "[c]arelessness or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties." § 443.036(26), Fla.Stat....

...Gilbert's "absences were caused by domestic problems." Cf. Gardner v. Unemployment Appeals Comm'n, 682 So.2d 1222, 1223 (Fla. 4th DCA 1996)("[H]is alcoholism and alcohol-related conduct was the result of an illness, and thus, did not constitute an intentional or willful act within the meaning of section 443.036(26), Florida Statutes."); Ford v....

...Maher, Tallahassee, for appellee/Unemployment Appeals Com'n. SHIVERS, Chief Judge. The appellant challenges the order of an unemployment appeals referee denying him unemployment compensation benefits on the ground that his actions amounted to "misconduct" as defined in section 443.036(25), Fla....

...ness or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interest or of the employee's duties and obligations to his employer. Section 443.036(25), Fla....

...Accordingly, we REVERSE the appeals referee's findings and REMAND for entry of an order awarding unemployment benefits to the appellant. JOANOS, J., concurs. ERVIN, J., dissents, with an opinion. ERVIN, Judge, dissenting. The Commission's construction of the definition of misconduct, found in Section 443.036(25), Florida Statutes (1987), to include conduct involving the disclosure of a disciplinary memorandum to an employee who was its subject, the revealing of confidential information to another employee, and the making of unauthorized m...

...ismissal was affirmed. In October 1985, English applied for unemployment benefits. In January 1986, the claims examiner notified English that he was not eligible for benefits because his discharge was for misconduct connected with work as defined in section 443.036(24), Florida Statutes (1985)....

...ree. Duncan v. Ryder Truck Rental, Inc., 418 So.2d 1125 (Fla. 1st DCA 1982). In this case the referee found that the preponderance of the evidence did not show that claimant was discharged for misconduct connected with his work within the meaning of section 443.036(24)....

...tute our judgment for that of the referee, the record contains *729 competent substantial evidence to support the referee's findings. DGS also contends that for purposes of unemployment compensation, the qualifying phrase "but not limited to" in the § 443.036(24) definition of misconduct effectively adopts the definition of misconduct used in the career service system, even in the absence of specific reference to § 110.227....

...Ury Kalai, M.D., P.A., 480 So.2d 695 (Fla. 4th DCA 1985). An employee is disqualified from receiving benefits if he has been "discharged by his employing unit for misconduct connected with his work, if so found by the division." § 443.101(1)(a), Fla. Stat. (1985). Section 443.036(24) defines misconduct: "Misconduct" includes, but is not limited to, the following, which shall not be construed in pari materia with each other: (a) Conduct evincing such willful or wanton disregard of an employer's interests as is...

...ard of the employer's interest or of the employee's duties and obligations to his employer. The fact that an employee is discharged for misconduct in the employer's opinion does not necessarily demonstrate the existence of misconduct contemplated by section 443.036(24)....

...duct connected with work obviously contemplates a determination of misconduct independent of the employer's decision to terminate the employee for that reason. Since the Division found that claimant was not guilty of misconduct within the meaning of section 443.036(24), and its finding was supported by competent substantial evidence, the appealed order is AFFIRMED....

...ess or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. § 443.036(26), Fla....

...In addition, she was not warned after the first transaction that she was to consult with management before discounting merchandise. We conclude that Fiedler's actions in giving the discounts was not in willful or wanton disregard of her employer's interest as defined in section 443.036(26)....

...The appeals referee found that Fiedler gave the discounts in order to please the customers and make the sales. We find that Fiedler's actions cannot be characterized as careless or negligent and of such a recurrence as to demonstrate culpability, wrongful intent, or evil design as required by section 443.036(26)....

...The issue is whether Sears established that Ganey was discharged for misconduct connected with his work. If so, Ganey would be disqualified for benefits under section 443.101, Florida Statutes (1983). As a starting point, we set forth below the definition of misconduct contained in section 443.036(24), Florida Statutes (1983): *466 (24) MISCONDUCT....

...gence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or *566 of the employee's duties and obligations to his or her employer. § 443.036(29)(a), (b), Fla....

...Mason, 758 So.2d at 655 (citations omitted); Foote, 659 So.2d at 1233. [1] The burden rests upon the employer to demonstrate misconduct. Crosby; Paul v. Jabil Circuit Co., 627 So.2d 545 (Fla. 2d DCA 1993). This court has consistently held that in order to establish misconduct under section 443.036(29), the employee's action must be willful, wanton, or deliberate....

...He was discharged from employment on the next day. Following an evidentiary hearing, the referee concluded that because Barchoff did not find a replacement or report to work as scheduled, his discharge was for misconduct. Barchoff was denied unemployment compensation benefits. Section 443.036(29), Florida Statutes (2000), defines "misconduct" as: "Misconduct" includes, but is not limited to, the following, which shall not be construed in pari materia with each other: (a) Conduct evincing such willful or wanton disregard of...

...See Gulf County School Bd. v. Washington, 567 So.2d 420 (Fla.1990); Doyle v. Florida Unemployment Appeals Comm'n, 635 So.2d 1028 (Fla. 2d DCA 1994). A single incident of poor judgment or loss of self-control by a longtime employee does not constitute misconduct under section 443.036(26), Florida Statutes (1993)....

...Moore, Tallahassee, for appellees. Before JORGENSON, LEVY and GODERICH, JJ. LEVY, Judge. Ms. Kelley appeals the denial of unemployment benefits. We reverse the denial of *535 benefits because Ms. Kelley's actions did not constitute "misconduct" as defined by Florida Statutes, Section 443.036(26) (1991)....

...Kelley was later terminated for delaying the report of the shortage to the store director. Ms. Kelley filed for unemployment benefits, which were initially awarded, but then denied by the appeals referee on the grounds that Ms. Kelley was terminated due to "misconduct." See § 443.036(26), Fla....

...Kelley's investigation, which was undertaken in a good faith effort to preserve X-tra's interests and rectify the problem. As such, Ms. Kelley's conduct was clearly not a "willful or wanton disregard" of X-tra's interests, and therefore did not rise to the level of "misconduct" under the statute. § 443.036(26)(a), Fla....

...s. Id. Rather, the employer must prove that the employee behaved intentionally or with a degree of carelessness or negligence that manifests a wrongful intent or evil design, or otherwise acted in a way that would constitute misconduct as defined in section 443.036(29)....

...In short, the referee's conclusion that Yost was guilty of misconduct connected with work was unsupported by any evidence, competent or otherwise. Accordingly, we reverse and remand with directions to award Yost unemployment compensation benefits. FULMER and CASANUEVA, JJ., concur. NOTES [1] Section 443.036(29) provides that for purposes of the unemployment compensation law, "misconduct" includes: (a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards...

...*1064 Appellant was discharged from his employment as a truck driver for Amoco Oil Company for "misconduct connected with work." The issue on appeal is whether the conduct for which appellant was discharged constitutes "misconduct" as that term is defined by subsection (24) of section 443.036, Florida Statutes (1985)....

...Appellant, an inland carrier for the shipment of freight, appeals from a final order of the Department fixing appellant's liability for unemployment compensation on the grounds that individuals performing services for the appellant in the capacity of "truck drivers" are in "employment" pursuant *306 to Section 443.036(17), Florida Statutes, (1981)....

...t to establish misconduct. Without regard to the manual, it is well-established that an isolated act of negligence is rarely of such a degree "to manifest the culpability, wrongful intent, or evil design" sufficient to prove misconduct as defined in section 443.036(26), Florida Statutes (1991)....

...ority opinion. I agree with the statement contained in the majority opinion that an isolated act of negligence is rarely of such a degree that it manifests the culpability, wrongful intent, or evil design sufficient to prove misconduct as defined in section 443.036(26), Florida Statutes (1991)....

...In this case, the employer had a specific rule prohibiting sleeping on the job. Repeated acts in direct violation of company policy are not necessary to constitute misconduct within the meaning of the unemployment compensation statute. Ford. The majority's reference to section 443.036(26)(a)(b) does not contain the entire definition of misconduct....

...of Review, 59 Pa.Cmwlth. 48, 428 A.2d 1019, 1020 (1981). The court rejected the claimant's contentions that his action was not misconduct because it was his first incident and the employer did not have an established rule against sleeping on the job. Section 443.036(26)(a) provides that misconduct includes conduct evincing such willful or wanton disregard of an employer's interests in deliberate violation or disregard of standards of behavior an employer has the right to expect....

...See also Johnson v. Unemployment Compensation Bd. of Review, 54 Pa.Cmwlth. 220, 420 A.2d 794 (1980) (in addition to violating an express work rule sleeping on the job constituted a wanton or willful disregard of standards of behavior employer has a right to expect). Section 443.036(26)(b) defines misconduct as including carelessness or negligence of such a degree or recurrence as to show an intentional and substantial disregard of the employer's interest or of the employee's duties and obligations....

...ch a degree "to manifest culpability, wrongful intent, or evil design," subsection (b) continues by stating "or to show an intentional and substantial disregard of the employer's interest or of the employee's duties and obligations to his employer." § 443.036(26)(b)....

...disqualifying claimant from entitlement of benefits. Claimant appealed. A claimant is not entitled to unemployment compensation benefits if the employer discharges the claimant for misconduct connected with work. § 443.101(1)(a), Fla.Stat. (1995). Section 443.036(26), Florida Statutes (1995), defines "misconduct" as (a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employer has th...

...Admittedly, the referee made favorable findings on behalf of both the claimant and the employer. What the commission did was to extrapolate the litany of findings in favor of the employer [2] *1113 and aggregate those findings to show a violation of section 443.036 Florida Statutes (1995), which provides: 443.036....

...company is entitled to expect from an employee, as the referee also found, that employee will be disqualified from receiving unemployment compensation on grounds of misconduct. See Trinh Trung Do v. Amoco Oil Co., 510 So.2d 1063 (Fla. 4th DCA 1987); § 443.036(26), Fla....

...negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his or her employer. § 443.036(26), Fla....

...Burdines, Inc., 611 So.2d 1329, 1331 n. 1 (Fla. 3d DCA 1993); Benitez v. Girlfriday, Inc., 609 So.2d 665 (Fla. 3d DCA 1992). Miller may be denied benefits if the Bank discharged her for "misconduct connected with [her] work." § 443.101(1), Fla. Stat. (1993). Under section 443.036(26), Florida Statutes (1993), "misconduct" may be [c]onduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employer has the righ...

...an intentional or substantial disregard of the Bank's standards or interests when she approved release to a customer of funds in excess of Bank guidelines. Consequently, her isolated error in judgment does not rise to the level of `misconduct' under section 443.036(26), Florida Statutes (1993)....

...ess or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. § 443.036(24), Fla....

...The record contains no evidence regarding Rogers' duties or the established rules or policies of the school. The record also contains no evidence of Rogers' intentional refusal to comply with established policies or of misconduct characterized as willful and wanton disregard of the employers' interests, as required by section 443.036(24)....

...nal and substantial disregard of his duties and obligations to the employer. Citing Rycraft v. United Technologies, 449 So.2d 382 (Fla. 4th DCA 1984), the referee concluded that Frazier was discharged for misconduct connected with work. We disagree. Section 443.036(29), Florida Statutes (1999), defines "misconduct" as follows: "Misconduct" includes, but is not limited to, the following, which shall not be construed in pari materia with each other: (a) Conduct evincing such willful or wanton disr...

...ess or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. § 443.036(24), Fla....

...til the day he was fired. The UAC reversed the referee's ruling even though competent substantial evidence supported the referee's decision that Freddo's conduct did not amount to a deliberate or substantial disregard of his employer's interest. See § 443.036(26), Fla....

...n the record for that conclusion under applicable law. Reasonableness is the standard used to determine whether an employee's refusal to do extra or different work constitutes misconduct which would disqualify the employee for benefits as defined in section 443.036(24)(a), Florida Statutes (1983)....

...This is an appeal from an order of the Department of Labor and Employment Security, Division of Unemployment Compensation, adopting the special deputy's recommendation that certain individuals performing services for appellant as cable splicers are "employees" under section 443.036(17), Florida Statutes (1983)....

...The special deputy neglected to note that when appellant cancelled a contract before its conclusion, the cable splicer would be reimbursed for his labor and costs expended to date plus ten percent. Otherwise, the findings of fact are fully supported by the record. APPLICABLE LAW Section 443.036(17), Florida Statutes (1983), defines employment to include any service by an "individual who, under the usual common law rules applicable in determining employer-employee relationship, has the status of an employee." The term "usual...

...In this appeal, United States Telephone Company challenges an assessment levied by the Department of Labor and Employment Security. The Department defined the company's sales personnel as employees rather than as independent contractors under section 443.03(5), Florida Statutes (1979), transferred to section 443.036(17), Florida Statutes (1981)....

...ERVIN, Judge. Cargill appeals from an order of the Unemployment Appeals Commission that awarded claimant Hill unemployment compensation benefits. The order found that claimant's absenteeism was not, under the circumstances, misconduct within the meaning of Section 443.036(24), Florida Statutes....

...rvention. The appeals referee found that the claimant's violation of his employer's absenteeism policy disqualified him from receiving unemployment benefits, because in his view the claimant's absenteeism without excuse was misconduct, as defined by section 443.036(24)....

...nts to obtain a doctor's certificate when an employee's absence is due to illness. If in doing so, however, Cargill also expects to treat the failure to obtain such certificate as misconduct warranting discharge from employment within the meaning of section 443.036(24), Florida Statutes (1985), Cargill should make arrangements to have a doctor available to its employees so that they can timely obtain such certificate....

...y disabling, was not serious enough to be treated as an emergency. Since Cargill had no physician readily available to its employees, it should not be entitled to treat the employee's failure to obtain a doctor's certificate as misconduct. NOTES [1] Section 443.036(24), Florida Statutes, states in pertinent part as follows: "Misconduct" includes, but is not limited to, the following, which shall not be construed in pari materia with each other: (a) Conduct evincing such willful or wanton disrega...

...Florida Unemployment Appeals Comm'n, 547 So.2d 1253 (Fla. 1st DCA 1989); Anderson v. Florida Unemployment Appeals Comm'n, 517 So.2d 754 (Fla. 2d DCA 1987); Davis v. Unemployment Appeals Comm'n, 472 So.2d 800 (Fla. 3d DCA 1985). The appeals commission's order is hereby affirmed. NOTES [1] Section 443.036(26), Florida Statutes (1989), provides as follows: "Misconduct" includes, but is not limited to, the following, which shall not be construed in pari materia with each other: (a) Conduct evincing such willful or wanton disregard of an...

...ess or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. § 443.036(26), Fla....

...He was advised in this by the executive chef who was a witness to the hearing. The decision of the appeals referee denying Langley unemployment benefits based on these findings of fact departs from the essential requirements of law and the Commission erred in affirming it. Misconduct is defined by Section 443.036(24), Florida Statutes (Supp....

...A family emergency can excuse not coming to work at all. See Tucker v. Florida Dept. of Commerce, 366 So.2d 845 (Fla. 1st DCA 1979) and Williams v. Florida Industrial Commission, 135 So.2d 435 (Fla. 3d DCA 1961). Langley's actions were not misconduct within the intended meaning of Section 443.036(24), Florida Statutes, as to bar him from receiving unemployment benefits....

...I would affirm. The record shows that Langley repeatedly failed to perform his job duties satisfactorily. There is competent substantial evidence in the record to support the referee's finding that Langley was discharged for "misconduct" within the meaning of Section 443.036(24)(b), Florida Statutes (1981).

...Section 443.091(2), Florida Statutes (1993), provides in part: No individual may receive benefits in a benefit year unless, subsequent to the beginning of the next preceding benefit year during which he received benefits, he performed service, whether or not in employment as defined in s. 443.036, and earned remuneration for such service in an amount equal to not less than 3 times his weekly benefit amount as determined for his current benefit year....

...es of the commission, sound business practice, or common sense. The dissent has read section 443.091(2) out of context. It points only to a connecting clause of that sentence which in part provides for benefits "whether or not employed as defined in s. 443.036." The fallacy in that observation is the neglected aspect of the statute....

...Section 443.091(2) states: No individual may receive benefits in a benefit year unless, subsequent to the beginning of the next preceding benefit year during which he received benefits, he performed services, whether or not in employment as defined in s. 443.036, and earned remuneration for such service in an amount equal to not less than 3 times his weekly benefit amount as determined for his current benefit year....

...[4] In defining the term `wages,' the Unemployment Compensation Law provides that the term "means all remuneration for employment, including commissions, bonuses, back pay awards, and the case value of all remuneration paid in any medium other than cash." § 443.036(33)(a), Fla. Stat. (1993). Section 443.036(33)(b) provides the payments which should not be included as `wages.' That section does not exclude the cost of providing services....

...Although the appeals referee found that Seger was in fact ill on Saturday morning, she nevertheless concluded that he was fired for "misconduct," which she defined as "an intentional act or course of conduct in violation of his duties and obligations to his employer." Section 443.036(26), Florida Statutes (1991), actually defines "misconduct" to include: (a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which t...

...intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to [the] employer. We cannot agree that the evidence in this case establishes misconduct as defined in section 443.036(26)....

...In light of the incident on the preceding Saturday, Seger probably exercised poor judgment when he did not contact his supervisor before Monday to explain his illness. This poor judgment, however, does not rise to the level of misconduct for the purposes of section 443.036(26)....

...Loos then appealed the referee's decision to the Commission. In an order dated February 22, 1990, the Commission reversed the decision of the appeals referee, finding that Loos's decision to attend the radar course did not constitute misconduct within the meaning of section 443.036(26), Florida Statutes....

...ttend the class in direct disobeyance of his employer's denial of approval, and in complete disregard of the "chain of command" approval procedures set forth in the February 24, 1989 memo, and whether such action constituted misconduct. According to section 443.036(26), misconduct may consist of "carelessness or negligence of such degree ......

...ng personnel, and the fact that not all personnel would receive the training they desired because of limited funds. Further, the memo stated: "By imposing tighter control we hope training benefits can be extended to the maximum extent possible." [2] Section 443.036(26), in full, defines "misconduct" as follows: MISCONDUCT....

...The claimant's time card did not reflect the hours that were worked due to it being submitted in her absences [sic] to payroll. The claimant was discharged for falsifying her time card. Based on these findings, the appeals referee concluded that Ms. Ash's actions constituted misconduct as defined in section 443.036(29), Florida Statutes (2002), and ordered that unemployment benefits be denied. The Unemployment Appeals Commission affirmed. The Commission and the appeals referee erred in concluding that Ms. Ash engaged in "misconduct" disqualifying her for unemployment compensation benefits. Section 443.036(29), Florida Statutes (2002), provides: "Misconduct" includes, but is not limited to, the following, which shall not be construed in pari materia with each other: (a) Conduct evincing such willful or wanton disregard of an employer's...

...Ash came back to the store and made up the hours she had missed due to her illness. "[T]he conduct complained of was, at most, an isolated incident of poor judgment that did not rise to a level of `misconduct,' as the claimant was not acting willfully, wantonly, or in substantial disregard of the employer's interest. See §§ 443.036(29), 443.101, Fla....

...ssues. See Cooks v. Unemployment Appeals Comm'n, 670 So.2d 178, 180 (Fla. 4th DCA 1996); Livingston v. Tucker Constr. & Eng., Inc., 656 So.2d 499, 500 (Fla. 2d DCA 1995); Hummer v. Unemployment Appeals Comm'n, 573 So.2d 135, 137 (Fla. 5th DCA 1991). Section 443.036(26), Florida Statutes (1995), defines disqualifying misconduct as (a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the emp...

...terests or of the employee's duties and obligations to his employer. Although we assume it gave his employer good cause to terminate his employment, Mr. Lusby's solitary lapse neither evinced "willful or wanton disregard of an employer's interests," § 443.036(26)(a), Fla. Stat. (Supp.1996), nor amounted to "negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design." § 443.036(26)(b), Fla....

...Although the parties have presented abundant historical facts of their nine-year employment relationship, [1] our narrow inquiry is whether Underhill's refusal to sign the consent form on May 2, 1991, constituted employment misconduct as defined in section 443.036(26), Florida Statutes (1991), justifying a denial of unemployment benefits....

...ess or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. § 443.036(26), Fla....

...pholding the appeals referee's denial of his entitlement to unemployment compensation benefits. We conclude that the actions of Cullen which resulted in his discharge from employment did not rise to the level of misconduct as that term is defined in section 443.036(29), Florida Statutes (1999), and we reverse....

...The appeals referee found that appellant admitted not ringing up the purchase and concluded that she was guilty of misconduct and should be ineligible for unemployment benefits. The Unemployment Appeals Commission affirmed. Misconduct for purposes of the Unemployment Compensation Law is defined in section 443.036(24), Florida Statutes (1981), as: "Misconduct" includes, but is not limited to, the following, which shall not be construed in pari materia with each other: (a) Conduct evincing such willful or wanton disregard of an employer's intere...

...I would affirm the UAC's determination that Johnson committed misconduct in completing the application. Section 443.101(1)(a)2., Florida Statutes (1995), disqualifies from unemployment benefits those persons who have been discharged due to misconduct connected with their employment. Section 443.036(26), Florida Statutes (1995), defines misconduct as: MISCONDUCT.—"Misconduct" includes, but is not limited to, the following, which shall not be construed in pari materia with each other: (a) Conduct evincing such willful or wanton d...

...Before SCHWARTZ, C.J., and NESBITT and GERSTEN, JJ. NESBITT, Judge. This is an appeal from the Unemployment Appeals Commission which affirmed an order and finding of an appeals referee denying compensation benefits to the claimant for misconduct connected with work pursuant to section 443.036(26), Florida Statutes (1988)....

...1986), the supreme court, through Justice Overton stated: In our view, excessive unauthorized absenteeism presumptively hampers the operation of a business and is inherently detrimental to an employer. We hold, therefore, that a finding of misconduct under section 443.036(24) is justified when an employer presents substantial competent evidence of an employee's excessive unauthorized absenteeism....

...SCHWARTZ, Chief Judge (dissenting). I cannot agree that the employee's failures to give appropriate notice of his absences, even including the "one or two occasions prior to being discharged," amounted *108 to the "misconduct" required to disqualify one for benefits under section 443.036(26), Florida Statutes (1989)....

...job site without permission. Baptiste worked for Waste management for six years and was considered a good employee. However, the Unemployment Appeals Commission affirmed the referee's decision that Baptiste's actions were "misconduct" as defined by section 443.036(26), Florida Statutes (1996)....

...g coffee break area constituted misconduct); Caputo v. Unemployment Appeals Comm'n, 493 So.2d 1121 (Fla. 3d DCA 1986) (principal's refusal to obey directive of superintendent to desist from certain religious activities in classroom held misconduct); § 443.036(26), Fla....

...Chapman appealed that decision, and a notice was filed setting a telephonic hearing on February 19, 2008, before an appeals referee. The sole issue for adjudication was whether Chapman was able to work and available for work pursuant to the applicable statutes and rule. See § 443.036(1), 443.036(6), and 443.09(1)(c), Fla....

...or Work Chapter 443 sets out the criteria for determining whether a claimant is "able to work" and "available for work." "`Able to work' means physically and mentally capable of performing the duties of the occupation in which work is being sought." § 443.036(1), Fla. Stat. (2007). "`Available for work' means actively seeking and being ready and willing to accept suitable employment." § 443.036(6), Fla....

...eets to the Appeals Office before the hearing, including a job contact date, the method of contact, and the prospective employer's name and address. The undisputed evidence adduced at the hearing is that Chapman is "able to work," as contemplated in section 443.036(1), in that she is "physically and mentally capable of performing the duties of the occupation in which work is being sought." Chapman asserted undisputedly that she has a flexible class schedule and is ready and willing to accept suitable full-time employment when it becomes available....

...Furthermore, this court cannot overturn a UAC decision unless the record lacks competent, substantial evidence to support the action. Id. An employee terminated for misconduct connected to his work is not entitled to unemployment compensation benefits. § 443.101(1)(a), Fla. Stat. (2002). Section 443.036(29) defines "misconduct" as including, but not limited to: (a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employer h...

...hich the employee was required to comply as a condition of continued employment, refusal to comply with the policy at the employer's request does not constitute misconduct within the meaning of the unemployment statute. Vaughn, 482 So.2d at 594; see § 443.036(29)(a); Swope, 159 So.2d at 654....

...Finding that the appellant should reasonably have understood that his striking a retaliatory blow would likely lead to the further violence which did ensue, the appellant had a duty not to strike the retaliatory blow. We agree with the appellant's contention that neither the statutory definition of "misconduct" contained in section 443.036(24), Florida Statutes (1985) [1] nor the case law interpreting that section contains any duty to refrain from striking a retaliatory blow....

...We believe, as did the Davis court under similar circumstances, that while the appellant's failure to withdraw rather than striking a retaliatory blow may have shown poor judgment and inability to control himself which justified his employment dismissal, this conduct did not constitute misconduct as defined by section 443.036(24) so as to justify denying him unemployment compensation benefits....

...We see nothing in the appeals referee's finding of facts which indicates that the appellant's initial reaction toward Malloy, the undisputed aggressor, was of a deliberate, willful, or wanton nature, or which reflects an intentional and substantial disregard for his employer's interest or of his duties to his employer. See § 443.036(24), Fla....

...Upon Duren's seeking unemployment benefits, the appeals referee found Duren did not have authority to remove the tapes. Based on this finding the referee held Duren was disqualified because he had committed misconduct in connection with his employment under section 443.036(26), Florida Statutes (1991)....

...Under any other standard of review, the result would have been different. NOTES [1] Section 443.101(1)(a) of Florida's unemployment compensation law provides that unemployment compensation benefits may not be paid if an employee is discharged for "misconduct." See § 443.101, Fla.Stat. (1993). Section 443.036 defines misconduct as (a) conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employer has the right to expect of his employe...

...of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. [2] §§ 443.101, 443.036(26), Fla.Stat....

...sh. The definition in this statute is not absolutely controlling, as by its terms its application is limited to section 448.07, dealing with sex discrimination and not chapter 448 in general. Nevertheless, section 448.07(1)(c) is somewhat similar to section 443.036(31)(a), Florida Statutes (1983), which defines "wages" as "all remuneration for employment, including commissions and bonuses and the cash value of all remuneration paid in any medium other than cash." Black's Law Dictionary 1416 (5th ed....

...Rptr. 791, 797. In Gulf Solar, Inc. v. Westfall, 447 So.2d 363 (Fla. 2d DCA 1984), the court reversed the trial court's finding that a sales commission was not a wage within section 448.08. In doing so, the court utilized the definitions provided in section 443.036(31)(a) and Black's Law Dictionary....

...harged from employment for misconduct connected with work. Sections 443.021, 443.031, Fla. Stat. (1993). AFFIRMED. PETERSON and DIAMANTIS, JJ., concur. NOTES [1] This order is appealable under Florida Rules of Appellate Procedure 9.030(b)(1)(C). [2] Section 443.036(26) of the Florida Statutes defines misconduct as follows: MISCONDUCT....

...s or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to [the] employer. § 443.036(26), Fla....

...1st DCA 1998), approved, 758 So.2d 649 (Fla.2000); and that the "employer has shown that the claimant's actions evince a pattern of behavior in violation of his duties and obligations to his employer." The referee's finding is, on its face, insufficient to salsify section 443.036(29), which provides: Misconduct.—"Misconduct" includes, but is not limited to, the following, which shall not be construed in pari materia with each other: (a) Conduct evincing such willful or wanton disregard of an employer's intere...

...Unemployment Appeals Commission, 573 So.2d 135, 137 (Fla. 5th DCA 1991). The evidence in this case is insufficient to support a finding of misconduct connected with work. Although acts of employees may warrant termination, they do not always constitute "misconduct" as defined by section 443.036(29)....

...In this case, negligence was the reason for Spink's termination. Spink was described as lazy, negligent, incompetent, moody, messy and forgetful. There is no showing of willful or wanton disregard of Encore's interests, manifest culpability, wrongful intent or evil design as required by section 443.036(29)....

...ed. The order of the UAC is reversed and the cause is remanded with directions to enter an order based on the findings and conclusions of the appeals referee that the claimant is not entitled to benefits. COBB, C.J., and SHARP, J., concur. NOTES [1] Section 443.036(24), Florida Statutes (1983) defines misconduct as: (a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employer has the...

...733, 130 L.Ed.2d 636 (1995). Having been put on notice of the behavior Stack admitted to, BAPCO was clearly obliged to take action to protect the employees who *294 were being subjected to it. Yet, the referee did not deem it to be "misconduct." "`Misconduct" is defined by Section 443.036(26), Florida Statutes (1991) as follows: MISCONDUCT....

...ess or negligence to a degree or recurrence that manifests culpability, wrongful intent, 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. § 443.036(29)(a-b), Fla....

...Compare Ash, 872 So.2d at 402 ("`[T]he conduct complained of was, at most, an isolated incident of poor judgment that did not rise to a level of `misconduct,' as the claimant was not acting willfully, wantonly, or in substantial disregard of the employer's interest. See §§ 443.036(29), 443.101, Fla....

...§ 443.101(1)(a), Fla. Stat. (1993). "Misconduct" includes conduct evincing such "willful or wanton disregard of an employer's interest" or "carelessness or negligence of such a degree or recurrence as to manifest culpability, wrong intent or evil design." § 443.036(26), Fla....

...ess or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. § 443.036(26), Fla....

...The Florida Unemployment Appeals Commission determined that the appellant was properly discharged for misconduct. We agree and affirm. Dorcius Dorisma, the appellant, contends that his refusal to work extra hours was not misconduct under Florida's Unemployment Compensation Law. § 443.036(25), Fla....

...him. We find that the employer's request of appellant to work extra hours was a reasonable request under the extreme workplace situation. Therefore, appellant's refusal to work additional hours under these circumstances constitutes misconduct under section 443.036(25), Florida Statutes (1987)....

...McCarty "would not really admit that she should not have pulled in there. She firmly believed that she should have." A majority of the Unemployment Appeals Commission concluded that Ms. McCarty was guilty of "misconduct" disqualifying her for unemployment compensation benefits under section 443.036(29), Florida Statutes (2002), but we share the views Chairman Alan Orantes Forst cogently expressed in dissent....

...negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his or her employer. Section 443.036(29), Florida Statutes (2002)....

...rohibition of Section 447.501(2)(f). At 306. The Board of Regents argues that the Florida legislature has previously shown an intent to exclude graduate assistants as employees in precluding unemployment compensation benefits to graduate assistants [Section 443.036(17)(n)(9)(b), Florida Statutes (1981)]; and from eligibility for membership in the state retirement system....

...based on a finding that he had been discharged for misconduct. We affirm. Section 443.101(1)(a), Florida Statutes (1981), provides that no unemployment benefits may be received if an employee is discharged for misconduct. "Misconduct" is defined in section 443.036(24), Florida Statutes (1981), as follows: "Misconduct" includes, but is not limited to, the following, which shall not be construed in pari materia with each other: (a) Conduct evincing such wilful or wanton disregard of an employer's...

...s or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. §§ 443.036(24)(a) & (b), Fla....

...ee's award of unemployment compensation. The issue is whether or not Fowler's refusal to submit to a urinalysis ordered by her employer, the Volusia County Sheriff's Department, which resulted in her discharge, constitutes "misconduct" as defined by section 443.036(24), Florida Statutes (1985)....

...nt compensation as including "[c]onduct evincing such willful or wanton disregard of an employer's interest as is found in deliberate violation or disregard of standards of behavior which the employer has the right to expect of his employee ..." See section 443.036(24)(a)....

...We reject appellee's first contention, but we are constrained to agree with the second. Unemployment compensation hearings are held under the authority of the unemployment compensation appeals commission, which is a division of the Department of Labor and Employment Security. § 443.036(13), Fla....

...The only evidence on this point was from the employer's representative who did not have personal knowledge. Without competent evidence to support a finding of insubordination, Mrs. Hubbard's actions do not rise to the level of misconduct defined in section 443.036(26), Florida Statutes (1991)....

...3d DCA 1989); Washington v. Burdines, 422 So.2d 932 (Fla. 3d DCA 1982); City of Riviera Beach v. Florida Department of Commerce, 372 So.2d 1007 (Fla. 4th DCA 1979). AFFIRMED. WARNER, PARIENTE, JJ., and SMITH, FREDRICKA G., Associate Judge, concur. NOTES [1] In section 443.036(26), Florida Statutes, misconduct is defined as: (a) Conduct evincing such willful or wanton disregard of an employer's interest as is found in deliberate violation or disregard of standards of behavior which the employer has the righ...

...ess or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. § 443.036(26), Fla....

...ess or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. § 443.036(29), Fla....

...The appeals referee found that Gadsden committed a willful or intentional act in derogation of the employer's interests by failing to contact Valdez personally. We conclude that this finding is not supported by the evidence. Although the appeals referee applied "misconduct" under section 443.036(26)(a), Florida Statutes (1991), [2] we conclude that the proper statute to apply to these facts is section 443.101(1)(a), Florida Statutes (1991)....

...Florida Unemployment Appeals Comm'n, 598 So.2d 100, 101 (Fla. 2d DCA), review denied, 605 So.2d 1268 (Fla. 1992). The employer argues that Dean does not apply because the issue is that Gadsden failed to get approval for the extended leave. Even if section 443.036(26), Florida Statutes (1991) is applied to these facts, Gadsden's conduct would not be considered misconduct....

...NOTES [1] Although we agree with Gadsden's second issue that the appeals referee abused her discretion by not permitting Gadsden to have a continuance of the hearing until her witnesses could have been served, that issue becomes moot upon this court's resolution of the case in favor of Gadsden. [2] Section 443.036(26)(a), Florida Statutes (1991) provides: (26) MISCONDUCT....

...r view, justify a denial of unemployment compensation benefits to her. It is settled that an employee's exercise of bad judgment, causing an otherwise proper employment dismissal, does not, without more, constitute "misconduct" within the meaning of Section 443.036(24), Florida Statutes (1983)[ [3] ], and therefore cannot preclude the payment of unemployment compensation benefits under Section 443.101(1)(a), Florida Statutes (1983)....

...In reversing, this court stated that while Anderson's failure to withdraw rather than strike a retaliatory blow "may have shown poor judgment and an inability to control himself which justified his employment dismissal," it was not misconduct as defined by section 443.036(24)....

...nraged." Finally, the co-worker was not subject to the harsh sanction of employment termination. Accepting fully the referee's findings of fact, we nevertheless conclude that such facts do not, as a matter of law, constitute misconduct as defined by section 443.036(26)....

...Accordingly, we reverse the order denying the appellant's claim for unemployment benefits and remand for proceedings consistent with this opinion. Reversed and remanded. DANAHY, A.C.J., and ALTENBERND, J., concur. NOTES [1] The radio was "a little longer than a pen." [2] Section 443.036(26), Florida Statutes (1993), provides as follows: (26) MISCONDUCT....

...uch a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. [3] Now renumbered at § 443.036(26), Florida Statutes (1993).

...eft his work without good cause attributable to his employing unit or in which he has been discharged by his employing unit for misconduct connected with his work, if so found by the division. (Emphasis supplied.) The term "misconduct" is defined at section 443.036(26), Florida Statutes (1989), which provides: "Misconduct" includes, but is not limited to, the following, which shall not be construed in pari materia with each other: (a) Conduct evincing such willful or wanton disregard of an emplo...

...Sowby was not discharged for misconduct connected with her work. The employer's contention, predicated primarily on section 421.06, Florida Statutes, that the referee's application of the law to the facts was fatally flawed, is analogous to the argument advanced in English that the section 443.036 definition of misconduct adopted the definition of misconduct used in the career service system....

...onnected with ... work," expressly states that the work nexus must be "found by the division." In other words, the employer's opinion that the discharge was for misconduct "does not necessarily demonstrate the existence of misconduct contemplated by section 443.036(24)." English, 534 So.2d at 729....

...ployer's interests or "negligence to a degree ... that manifests culpability, wrongful intent, or evil design or shows an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations" to the employer. § 443.036(29)(a)-(b), Fla....

...Bivens had made "very negative comments" on the sales floor in front of other employees. The supervisor could only recall one specific statement, however, that Mr. Bivens said he "wasn't getting any d—n good material." There was no other evidence of wrongdoing on Mr. Bivens' part. Section 443.036(29)(a), Florida Statutes (2001), defines "misconduct" to include "conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employe...

...loyment compensation benefits. Frazier v. Home Shopping Club, LP, 784 So.2d 1190, 1191 (Fla. 2d DCA 2001). In this case, the findings made by the appeals referee do not support the legal conclusion that Mr. Bivens engaged in misconduct as defined by section 443.036(29)(a)....

...lly violate her employer's rule and was thus not guilty of misconduct. The Commission did not, as it could not, disturb the referee's amply supported finding of drug addiction. Recognizing that the Unemployment Code unmistakably requires intent, see § 443.036(24), Fla....

...The appeals referee concluded that claimant was discharged for misconduct connected with work and was, thus, disqualified from receiving unemployment compensation benefits. The Commission affirmed the referee's ruling. This appeal followed. "Misconduct" for purposes of unemployment compensation benefits is defined in section 443.036(29), Florida Statutes (2004), which provides: "Misconduct" includes, but is not limited to, the following, which may not be construed in pari materia with each other: (a) Conduct demonstrating willful or wanton disregard of an employe...

...ce that manifests culpability, wrongful intent, or evil design" that "shows an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his or her employer," which is the required showing under section 443.036(29)(a) and (b), Florida Statutes (2004), to render an employee ineligible for unemployment compensation benefits based on misconduct....

...the employee. Although the employer in this case may have had sufficient grounds to discharge the employee, I cannot agree that the employee was guilty of misconduct as would disqualify him from receipt of unemployment benefits within the meaning of section 443.036(29)....

...of Medical Examiners, 458 So.2d 302 (Fla. 3d DCA 1984), review denied, 462 So.2d 1106 (Fla. 1985). This court cannot substitute its judgment for the agency's judgment as to the weight of the evidence on any disputed finding of fact. § 120.68(10), Fla. Stat. (1989). Section 443.036(19)(a)1.b, Florida Statutes (1989) defines "employment" as any service performed by "[a]ny individual who, under the usual common-law rules applicable in determining the employer-employee relationship, has the status of an employee." In Cantor v....

...[c]arelessness or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employee's interests or of the employee's duties and obligations to his employer. § 443.036(26)(a)-(b), Fla....

...Best Termite & Pest Control, 627 So.2d 581, 582 (Fla. 2d DCA 1993)("one good faith error in judgment, ... does not disqualify [the employee] from unemployment benefits ..."). Furthermore, Crosby's refusal to write the apology letter was not misconduct as defined in section 443.036(26)(a)-(b), Florida Statutes (Supp.1996), because Devereaux's order directing Crosby to write the letter was unreasonable....

...Pursuant to Section 443.101, Florida Statutes (1985), a claimant for such benefits shall be disqualified from receiving them for the week in which he was discharged for "misconduct *1199 connected with his work" and for a certain number of weeks thereafter. Section 443.036(24), Florida Statutes (1985), provides: MISCONDUCT....

..., even though clothed as a legal conclusion. What Tedder "should have known" is a factual finding as well. Moreover, a factual finding that Tedder "should have known" of Barnett's policy would not rise to the level of misconduct connected with work. Section 443.036(26), Florida Statutes (1995), defines misconduct connected with work as: (a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which...

...s conduct would not rise to the level of misconduct connected with work. It is obvious that misconduct connected with work requires some degree of intent. We hold that the intent necessary to constitute misconduct connected with work as set forth in section 443.036(26) could not be based on what Tedder "should have known." See Doyle v....

...In Florida, a person may be denied unemployment benefits where discharge is based upon employee misconduct connected with work. See Grossman v. J.C. Penney Co.2071, 689 So.2d 1206 (Fla. 3d DCA 1997); State, Dept. of General Servs. v. English, 534 So.2d 726 (Fla. 1st DCA 1988). Section 443.036(26), Florida Statutes defines "misconduct" as follows: "Misconduct" includes, but is not limited to, the following, which shall not be construed in pari materia with each other: (a) Conduct evincing such willful or wanton disregard of...

...Miller of Kunkel & Miller, Sarasota, for appellant. Alex D. Littlefield, Jr., Tallahassee, for appellee. GRIMES, Acting Chief Judge. The Sarasota County Chamber of Commerce seeks review of a final agency order determining that its salespersons are "employees" under section 443.036(17), Florida Statutes (1983)....

...g position with the Brevard County school system. Because appellant's actions cannot constitute either voluntarily leaving her work without good cause attributable to her employer or misconduct connected with her work, see sections 443.101(1)(a) and 443.036(26), Florida Statutes (1997), Gulf County School Bd....

...While appellant may have demonstrated poor judgment in not giving herself an opportunity to retake the test should she fail to pass it, nothing in the record would indicate, and the Commission did not find, that she refused to take the necessary steps for certification or that her poor judgment constituted "misconduct" under section 443.036(26), Florida Statutes (1997). Thus, there is no factual basis on this record to find her guilty of misconduct as defined in section 443.036(26)....

...The claimant timely appealed the referee's decision to the UAC. The UAC entered an order affirming the appeals referee's decision. The claimant's appeal follows. The claimant contends that his acts did not constitute misconduct in connection with work within the meaning of section 443.036(29), Florida Statutes (2003)....

...5th DCA 1995); Menendez v. River Orchids Inv. Corp., 653 So.2d 470 (Fla. 3d DCA 1995). Accordingly, we reverse the Unemployment Appeals Commission's order denying unemployment benefits to the claimant. Reversed. NOTES [1] "Misconduct" is defined in section 443.036(29), Florida Statutes (2003): (29) "Misconduct" includes, but is not limited to, the following, which may not be construed in pari materia with each other: (a) Conduct demonstrating willful or wanton disregard of an employer's interes...

...Hargrett, Unemployment Appeals Com'n, Tallahassee, for appellee. LARRY G. SMITH, Judge. This is an appeal from an order of the Unemployment Appeals Commission affirming, without opinion, the appeals referee's decision that appellee was discharged, but not for misconduct connected with his work, see Section 443.036(24)(b), Florida Statutes (1981), and thus entitled to unemployment benefits....

...As such, the proof offered for appellee's alleged misconduct does not meet the high standard of showing "deliberate violations or disregard of standards of behavior," or "carelessness or negligence of such a degree or recurrence as to manifest culpability." Section 443.036(24)(a) and (b), Florida Statutes (1981)....

...rt of Barron as there was no showing that absence alone violated any policy of the employer nor that such absences showed an intentional disregard on the part of Barron for the employer's interest so as to constitute misconduct within the meaning of section 443.036(24), Florida Statutes....

...to this case. In our view, although excessive absenteeism or tardiness may constitute misconduct which justifies termination of employment and therefore precludes collection of unemployment compensation benefits, [1] an employer has the burden under section 443.036(24), Florida Statutes, to show misconduct with a preponderance of proof that the absences were indeed unexcusable and in detriment to the employer's interests....

...When she ended her employment she applied for unemployment benefits. Appellant denied liability and claimed that she was an independent contractor. After a hearing the special deputy determined that appellant's telephone solicitors were entitled to unemployment compensation benefits as provided in section 443.036(17), Florida Statutes (1985). Appellant contends that the evidence does not support the special deputy's finding that the telephone solicitors were employees within the meaning of section 443.036(17), Florida Statutes....

...1958), an independent contractor relationship is clearly shown. Accordingly, we reverse the order of the Department of Labor approving the special deputy's recommendation that the telephone solicitors be determined as employees within the meaning of section 443.036(17)....

...This is an appeal from an order of the Department of Labor and Employment Security, Division of Unemployment Compensation, adopting the special deputy's recommendation that certain individuals performing services for appellant as cable installers are "employees" under section 443.036(17), Florida Statutes (1983)....

...n 443.101(1)(a), Florida Statutes (1983), which provides that "[a]n individual shall be disqualified for benefits: ... [when] he has been discharged by his employing unit for misconduct connected with his work ..." (e.s.). "Misconduct" is defined at Section 443.036(24), Florida Statutes (1983), as follows: MISCONDUCT....

...d with work. We agree. "Misconduct" is defined as "[c]onduct evincing such willful or wanton disregard of an employer's interest ... in deliberate violation or disregard of standards of behavior the employer has the right to expect of his employee." § 443.036(29)(a), Fla....

...The determinative question is whether appellant's absence from work, in the circumstances presented, amounted to misconduct connected with his work. From the appeals referee's findings, we conclude, as a matter of law, that appellant's absence does not constitute "misconduct" as defined by section 443.036(24), Florida Statutes (1983)....

...As such, McKinney was wrongfully denied his unemployment compensation benefits, and therefore, we reverse the agency order. An individual shall be disqualified for unemployment benefits for misconduct connected with his work. S. 443.101(1), Fla. Stat. (1983). Misconduct is defined in section 443.036(24), Florida Statutes (1983), as follows: (24) MISCONDUCT — "Misconduct" includes, but is not limited to, the following, which shall not be construed in pari materia with each other: (a) Conduct evincing such willful or wanton disreg...

...Antonell, 459 So.2d 343 (Fla. 3d DCA 1984), rev. denied, 469 So.2d 748 (Fla. 1985). [4] Ferry v. XRG Int'l, Inc., 492 So.2d 1101 (Fla. 4th DCA 1986). [5] § 448.07(1)(c), Fla. Stat. (1983), followed in Ferry v. XRG Int'l, Inc., 492 So.2d 1101, 1103 (Fla. 4th DCA 1986). [6] § 443.036(31)(a), Fla....

...Miller applied for unemployment benefits but the hearing officer and the Unemployment Appeals Commission determined that she was terminated for cause. She appeals; we affirm. Receiving merchandise without paying for it is, "in disregard of an employer's interests." Section 443.036(26), Florida Statutes (1995)....

...ess or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. § 443.036(26), Fla....

...ess or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. § 443.036(26), Fla....

...to complete an assigned task constituted misconduct. An employee is disqualified from receiving unemployment benefits if he has been "discharged by his employing unit for misconduct connected with his work." Section 443.101(1)(a), Fla. Stat. (1991). Section 443.036(26), Florida Statutes (1991), defines "misconduct": "Misconduct" includes, but is not limited to, the following, which shall not be construed in pari materia with each other: (a) Conduct evincing such willful or wanton disregard of an...

...PER CURIAM. The appellant challenges the order of the Unemployment Appeals Commission, which affirmed the decision of the appeals referee, denying her unemployment compensation benefits on the ground that her actions constituted misconduct as defined in section 443.036(26), Florida Statutes (1995)....

...eria set out in the unemployment compensation statute are separate issues." Lusby v. Unemployment Appeals Comm'n, 697 So.2d 567, 568 (Fla. 1st DCA 1997). [2] As to the *108 second consideration—whether appellant met the disqualification criteria in section 443.036(26)—we conclude as a matter of law that the finding of "negligence and carelessness" in the Notice of Decision of Appeals Referee did not rise to the level of misconduct as contemplated in the statute....

...ent compensation benefits. [5] Accordingly, I dissent. NOTES [1] An employee is not entitled to unemployment compensation benefits if the employer discharges the employee for misconduct connected with work. § 443.101(1)(a), Florida Statutes (1995). Section 443.036(26), Florida Statutes (1995), which defines misconduct, provides: (26) MISCONDUCT.—"Misconduct" includes, but is not limited to, the following, which shall not be construed in pari materia with each other: (a) Conduct evincing such w...

...ployment, claimant neither evinced "willful or wanton disregard of an employer's interests" nor manifested "negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design" such as to constitute misconduct under section 443.036(26)); Tedder v....

...negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his or her employer. § 443.036(29), Fla....

...letter terminating his employment. *1176 The claimant subsequently applied for unemployment benefits. The claims adjudicator determined that benefits were not payable because the claimant was discharged for misconduct connected with work pursuant to section 443.036(26), Florida Statutes (1991)....

...The issue before us is whether the employer established that the claimant was discharged for misconduct connected with work. See Lewis v. Unemployment Appeals Comm'n, 498 So.2d 608 (Fla. 5th DCA 1986); Sears, Roebuck & Co. v. Florida Unemployment Appeals Comm'n, 463 So.2d 465 (Fla. 2d DCA 1985). Pursuant to section 443.036(26), "misconduct" includes, but is not limited to the following: (a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the empl...

...The appeals referee concluded as a matter of law that the claimant's actions in failing to notify the employer as he had agreed to do shows a willful and wanton disregard of the standards of behavior that the employer has the right to expect, which constitutes misconduct under section 443.036(26)(a)....

...of the record, there is no substantial, competent evidence to support the appeals referee's finding that the claimant failed to make weekly contact as required by the employer nor any evidence that would support a finding of misconduct as defined in section 443.036(26)....

...ness or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interest or of the employee's duties and obligations to his employer. § 443.036(26), Fla....

...d in fact, two employees working with her on the machine at the time of her second reprimand were wearing gloves. We conclude that Smith's actions in wearing the gloves were not in willful or wanton disregard of her employer's interest as defined in section 443.036(26)....

..., even after he was repeatedly admonished to do so and was warned that he would be discharged if he did not. He now seeks review of a determination denying him unemployment compensation benefits on the ground that he was discharged for "misconduct." § 443.036(26), Fla....

...Stat. (1993). We affirm. In our view, Zorilla's consistent refusal to abide by his employer's appropriate instructions was properly found "in deliberate violation or disregard of standards of behavior which the employer ha[d] the right to expect... ." § 443.036(26)(a), Fla....

...from the employer, our standard of review over the issue raised is not, in my judgment, that of competent, substantial evidence, but rather one of de novo review, in that the appeal turns on whether the Commission correctly applied the provisions of section 443.036(29), Florida Statutes (2005), defining misconduct, [1] to the case at bar....

...n to return to his home carried any greater punishment than not receiving wages for the remainder of the day, his action did not rise to the level of misconduct, as defined by statute. I see nothing unreasonable in the Commission's interpretation of section 443.036(29)....

...stitute what it considers to be a correct conclusion. See Microfile, Inc. v. Williams, 425 So.2d 1218 (Fla. 2d DCA 1983). Because I am unable to say that the Commission's interpretation of the statute was clearly erroneous, I would affirm. NOTES [1] Section 443.036(29)(a) defines misconduct as "[c]onduct demonstrating willful or wanton disregard of an employer's interests and found to be a deliberate violation or disregard of the standards of behavior which the employer has a right to expect of...

...ed with his work. The facts certainly justify appellant's termination from employment as he was clearly a constant source of irritation to his supervisor, but the issue is whether the basis for termination reached the level of misconduct intended by section 443.036(25), Florida Statutes (1987)....

...In my view, no matter how the employer regarded the situation, Ladson's alleged unexcused temporary absences were caused by his reaction to his son's terminal illness. As a matter of law this was a "family emergency" which is not disqualifying "misconduct" under section 443.036(25), Florida Statutes (1987)....

...Misconduct connected with work is defined as a willful or wanton act or course of conduct in violation of the worker's duties and obligations to the employer. Fort Myers Pump & Supply, Inc. v. Florida Dep't of Labor & Employment Sec., 373 So.2d 429 (Fla. 2d DCA 1979); § 443.036(26), Fla....

..."Misconduct" is defined as "[c]onduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employer has *1216 the right to expect of his or her employee." § 443.036(29)(a), Fla....

...t Roberts was discharged for misconduct connected with work and is, therefore, disqualified for benefits. We reverse because Roberts' conduct did not constitute "misconduct" as defined by the Unemployment Compensation Law. "Misconduct" is defined in section 443.036(26), Florida Statutes (1995), as: (a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employer has the right to expect of...

...through ... deliberate violation of standards of behavior which the employer had a right to expect" or "wrongful intent or evil design or a substantial disregard of the employer's interests or of the employee's duties and obligations" as required by section 443.036(26), Fla....

...Florida law provides that a person can be denied unemployment benefits where discharge is based upon employee misconduct connected with work. See § 443.101(1)(a), Fla. Stat. (1995); McKnight v. Florida Unemployment Appeals Comm'n, 713 So.2d 1080 (Fla. 1st DCA 1998). Section 443.036(26), Florida Statutes (1995), defines "misconduct" as follows: "Misconduct" includes, but is not limited to, the following, which shall not be construed in pari materia with each other: (a) Conduct evincing such willful or wanton disr...

...her observations and concerns. [1] Her failure to follow the rules was unquestionably negligent on her part and justified her dismissal from her job. We cannot, however, conclude that her negligence and/or poor judgment, rise to the level defined in section 443.036(26)....

...Unemployment Appeals Comm'n, 685 So.2d 874 (Fla. 2d DCA 1996)(misconduct typically involves repeated violations of explicit policies after several warnings). Because we conclude that the record does not support a finding of "misconduct" within the meaning of section 443.036(26), we reverse the order of the Unemployment Appeals Commission and remand with instructions to reinstate the determination of the claims examiner which found that Ms....

...The reason for the no sleeping rule is to protect patients in the event of an emergency, to know where staff is at all times, as well as to present a professional image to hospital patrons. Appellant was not simply resting, but was in a deep sleep. Misconduct is defined in section 443.036(26), Fla.Stat....

...The appeals referee concluded that Claimant was using sick leave and other leave to cover her absences. The appeals referee found Claimant's testimony to be more credible than Employer's testimony and concluded that Claimant's absences did not constitute misconduct connected with work under section 443.036(29), Florida Statutes (2005)....

...efender's office and the Attorney General's office concerning the reasons for his discharge, or "acquitted him" of those allegations. Such is not the case. The standard for denial of unemployment compensation is "misconduct connected with work." See § 443.036(29), Fla....

...ng unemployment compensation benefits. We reverse and remand with directions. The issue on appeal is whether the Commission appropriately rejected the appeals referee's finding that the appellant's actions did not constitute misconduct as defined by Section 443.036(26), Florida Statutes (1989), which provides: `Misconduct' includes, but is not limited to, the following, which shall not be construed in pari materia with each other: (a) Conduct evincing such willful or wanton disregard of an emplo...

...not willfully or wantonly disregard the standards of behavior which the employer has the right to expect of his employee, and (b) she did not substantially disregard the employer's interests or the employee's duties and obligations to her employer. Section 443.036(26) should be liberally construed in favor of the claimant....

...to benefits calculated on her earnings working as a housekeeper/maid. The issue here is whether Stratton and the other housekeepers/maids are independent contractors or employees of the Association for purposes of unemployment compensation benefits. Section 443.036(19)(a)1.b., Florida Statutes (1997), provides that "employment" includes any service performed by "any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee." In Cantor v....

...The maids did not receive any benefits such as vacation, sick leave or insurance, and no federal income tax or social security taxes were withheld from their pay. We do not consider the Association's argument that the maids fall within the "casual labor" exception to the definition of the term "employment," see § 443.036(19)(n), Florida Statutes (1997), because it was not raised below....

...February 14, 1985, failure to date bait money. February 21, 1985, allowing a savings deposit withdrawal bearing an unauthorized signature. The appeals referee found the appellant's acts were careless but were insufficient to constitute misconduct within the meaning of Sec. 443.036(24), Fla....

...Although the Executive National Bank was fully justified in discharging the claimant herein for several acts of carelessness, I agree with the appeals referee and the dissenting commissioner of the Florida Unemployment Appeals Commission in this case that these acts of carelessness do not constitute misconduct as defined by Section 443.036(24), Florida Statutes (1985), so as to disentitle the claimant to unemployment benefits under Section 443.101(1)(a), Florida Statutes (1985)....

...he had *108 been warned that she could not complain in the presence of coworkers. The unemployment compensation law provides that unemployment benefits may not be paid if an employee is discharged for misconduct. § 443.101(1)(a), Fla. Stat. (1991). Section 443.036(26) defines misconduct as: (a) Conduct evincing such willful or wanton disregard of an employer's interest as is found in deliberate violation or disregard of standards of behavior which the employer has the right to expect of his emp...

...The referee concluded that Sloan's defiance of a superior in the presence of other employees amounted to misconduct because such defiance constituted "conduct evincing such willful or wanton disregard of standards of behavior which the employer has the right to expect of his employees." § 443.036(26), Fla....

...compensation benefits because his employer, J.B. Hunt Transport, Inc. (J.B. Hunt), discharged him for misconduct connected with his work. We reverse because the employer failed to provide competent, substantial evidence of misconduct, as defined in section 443.036(26)(b), Florida Statutes (1995)....

...The *1160 statute defines "misconduct" to include "carelessness or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer." § 443.036(26)(b), Fla....

...falsified her employment application, and, thus, that Proffitt was discharged for misconduct connected with work. The UAC affirmed the appeals referee's decision. The UAC's denial of benefits was based upon the definition of misconduct contained in section 443.036(26) of the Florida Statutes, which states: (26) MISCONDUCT....

...ri materia with each other: (a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employer has the right to expect of [an] employee; ... . § 443.036(26), Fla....

...State Unemployment Appeals Comm'n, 456 So.2d 528, 529 (Fla. 3d DCA 1984). The Commission "cannot reweigh the evidence and substitute its findings for those of the referee." Grossman v. Jewish Community Ctr. of Greater Fort Lauderdale, Inc., 704 So.2d 714, 716 (Fla. 4th DCA 1998). Section 443.036(26)(a), Florida Statutes (1997) defines "misconduct," in pertinent part, to include "(a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of beh...

...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 on Washington, 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)....

...The referee further found that Franklin "continued to have absences following her final warning which were not the result of illness." Franklin appealed the referee's decision, and the UAC affirmed finding that the referee's decision was supported by competent, substantial evidence. Section 443.036(29), Florida Statutes (2000), defines "misconduct" to include: (a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employ...

...ere is no basis in the record to find that her conduct on that one occasion was willful and therefore unauthorized. Accordingly, we reverse the UAC's order affirming the referee's decision that Franklin was guilty of misconduct within the meaning of section 443.036(29) and remand with directions to award Franklin unemployment compensation benefits....

...Borland also explained that the mistake was caused in part by a bank policy prohibiting overtime, which caused the tellers to often rush through their closing procedures. She indicated that the supervisor who fired her was upset that she had to let Ms. Borland go because Ms. Borland was a good employee. Section 443.036(29), Florida Statutes (2003), defines "misconduct" sufficient to support the denial of unemployment benefits as: (a) Conduct demonstrating willful or wanton disregard of an employer's interests and found to be a deliberate violation *...

...unable to comply with this policy. Nevertheless, Ms. Borland's mistakes do not demonstrate a "willful or wanton disregard" of the bank's interest nor "negligence to a degree or recurrence that manifests culpability, wrongful intent, or evil design." § 443.036(29)....

...Cesar committed disqualifying misconduct, we reverse and remand to the Commission with directions that Ms. Cesar be awarded unemployment benefits. Reversed and remanded. LEWIS, C.J., and WETHERELL, J., concur. . Misconduct connected with work is defined under § 443.036(30), Fla....

...fusing to wait, he showed that he would continue to disregard the employer's directions. An employee terminated for misconduct connected with his or her work is not entitled to unemployment compensation benefits. § 443.101(1)(a), Fla. Stat. (2000). Section 443.036(29), Florida Statutes (2000), defines "misconduct" as including, but not limited to: (a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of beh...

...substantial disregard of the employer's interests or of the employee's duties and obligations to his or her employer. An employee's outright refusal to perform an employer's valid and reasonable work order amounts to misconduct within the meaning of section 443.036(29)....

...receive unemployment compensation benefits, a claimant must be "able to work" and "available for work." A claimant has the burden to prove he or she is able and available to work within the meaning of Chapter 443. Chapman, 15 So.3d at 721. Further, section 443.036(1), Florida Statutes (2009), provides that "able to work means physically and mentally capable of performing the duties of the occupation in which work is being sought," and section 443.036(6), Florida Statutes (2009), provides that "available for work means actively seeking and being ready and willing to accept suitable employment." Section 443.091(1)(c) gives the Agency for Workforce Innovation the authority to develop criteria to determine a claimant's ability to work and availability to work....

...Moncaleano's "consistent refusal to abide by his employers appropriate instructions was properly found in deliberate violation or disregard of standards of behavior which the employer had the right to expect ...'" Zorrilla v. Florida Unemployment Appeals Comm'n, 645 So.2d 1078 (Fla. 3d DCA 1994), citing § 443.036(26), Fla....

...[1] The claimant was later discharged for this incident. After he was discharged, the claimant filed for unemployment compensation benefits. The appeals referee found that the claimant was disqualified from receiving benefits because he was discharged for misconduct connected with work as defined in section 443.036(29), Florida Statutes (2002)....

...terests. The issue determinative of this cause is whether Odom's discharge was for misconduct, as found by the UAC, or for mere failure to meet the performance level expected by the employer, as found by the appeals referee. Misconduct is defined by section 443.036(26), Florida Statutes (1989): "Misconduct" includes, but is not limited to, the following, which shall not be construed in pari materia with each other: (a) Conduct evincing such willful or wanton disregard of an employer's interests...

...f such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interest or of the employee's duties and obligations to his employer. (emphasis supplied) § 443.036(26), Fla....

...ess or negligence to a degree or recurrence that manifests culpability, wrongful intent, 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. § 443.036(29), Florida Statutes (2004)....

...ation. The employer responded by presenting evidence that it was recognized by the State of California as a church and thus exempt from the provisions of that state's unemployment insurance code. The employer requested the same exemption pursuant to section 443.036(19)(d), Florida Statutes, which provides in relevant part: Exclusions from paragraphs (b) and (c)....

...The appeals referee referred the matter to the Division's Bureau of Tax for a determination as to whether the employer was exempt as a church. The Bureau reaffirmed a previous ruling (which had involved a different claimant) that the employer is not a liable employer as per section 443.036(19)(d)1, Florida Statutes....

...The Florida Unemployment Compensation Statute also exempts work for an organization which is operated primarily for religious purposes in which is operated, supervised, controlled, or principally supported by a church or convention or association of churches. Chapter 443.036(19)(CD)....

...The UAC affirmed this decision and this appeal followed. The issue before us is whether the appeal referee's decision is supported by substantial competent evidence and is consistent with the legislative intent behind the statutory exemption for a church set forth in section 443.036(19)(d), Florida Statutes (1995)....

...We begin with the premise that the conclusions of law of an agency that construes a statute which the agency is charged to enforce, while not immune from judicial review, are entitled to great deference. SKF Management at 348. We also recognize that the exclusion of employment by a church found in subsection (19) of section 443.036 is to be narrowly construed, consistent with the beneficial purposes behind unemployment compensation....

...iation of churches in order to enjoy exempt status under Florida's unemployment compensation statute. There is no definition of the word "church" in the statute or elsewhere in Chapter 443. Campus Crusade argues that it is a "church" for purposes of section 443.036(19)(d)1.a....

...sent here. Such factors would distinguish a church from a Bible study or prayer group and from a missionary organization. The hearing officer was presented with a close question but his (and the UAC's) narrow interpretation of the exemption found in section 443.036(19)(d)1.a....

...The UAC does not dispute Campus Crusade's claim that it is entitled to such a determination. AFFIRMED; CAUSE REMANDED FOR FURTHER PROCEEDINGS. HARRIS, J., and BRIGGS, D. F., Associate Judge, concur. NOTES [1] The language of the California exemption is identical to that found in section 443.036(19)(d)1.a....

...Burnup & Sims appeals from an order of the Department of Labor and Employment Security, Division of Unemployment Compensation, which adopted the special deputy's recommendation that certain individuals performing services for it as cable splicers and installers are "employees" under section 443.036(17), Florida Statutes (1983)....

...enteeism and failure to notify his employer of the same was the result of his alcoholism. Thus, his alcoholism and alcohol-related conduct was the result of an illness, and thus, did not constitute an intentional or willful act within the meaning of section 443.036(26), Florida Statutes. We agree. Section 443.036(26), Florida Statutes (1995), defines misconduct as follows: "Misconduct" includes, but is not limited to, the following, which shall not be construed in pari materia with each other: (a) Conduct evincing such willful or wanton disreg...

...ess or negligence to a degree or recurrence that manifests culpability, wrongful intent, 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. § 443.036(29), Fla....

...affirmed. We agree. The issue raised by appellant is whether the referee committed error in concluding that Roman's positive drug test report constituted hearsay and, therefore, was not sufficient in itself to support a finding of "misconduct" under section 443.036(26), Florida Statutes (1993)....

...An employee is disqualified from receiving unemployment compensation benefits if, among other things, he has been "discharged by his employing unit for misconduct connected with his work, if so found by the division." § 443.101(1)(a), Fla. Stat. (1991). "Misconduct" is defined in section 443.036(26), as follows: `Misconduct' includes, but is not limited to, the following, which shall be construed in pari materia with each other: (a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in de...

...onduct" for the purposes of unemployment compensation. As this court has observed: The fact that an employee is discharged for misconduct in the employer's opinion does not necessarily demonstrate the existence of misconduct contemplated by section [443.036(26)]....

...shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions." § 120.58(1)(a), Fla. Stat. Thus, for Roman's positive drug test report to constitute competent, substantial evidence sufficient to support a finding of "misconduct" under section 443.036(26), the *550 lab report must be admissible as an exception to the hearsay rule....

...The claimant timely appealed the referee's decision to the UAC. The UAC entered an order affirming the appeals referee's decision. The claimant's appeal follows. The claimant contends that his acts did not constitute misconduct in connection with work within the meaning of section 443.036(29), Florida Statutes (2003)....

...5th DCA 1995); Menendez v. River Orchids Inv. Corp., 653 So.2d 470 (Fla. 3d DCA 1995). Accordingly, we reverse the Unemployment Appeals Commission's order denying unemployment benefits to the claimant. Reversed. NOTES [1] "Misconduct" is defined in section 443.036(29), Florida Statutes (2003): (29) "Misconduct" includes, but is not limited to, the following, which may not be construed in pari materia with each other: (a) Conduct demonstrating willful or wanton disregard of an employer's interes...

...The employer challenged the award of benefits alleging that Cooksey-James was fired for misconduct and therefore ineligible for benefits. A hearing referee agreed, determining that Cooksey-James' conduct constituted misconduct under the definition set forth in section 443.036(29), Florida Statutes (2001)....

...The referee therefore reversed the award of benefits. Cooksey-James appealed to the UAC, which affirmed over a well-reasoned dissent. Section 443.101(1)(a) provides that an individual is "disqualified for [unemployment] benefits" if "discharged ... for misconduct connected with his or her work." Section 443.036(29) defines misconduct as "[c]onduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employer has the right to expect of his or h...

...In fact, despite the fact that she openly engaged in the activity that violated the policy no one advised her that there was any problem with her behavior until her abrupt firing. Under these circumstances, the policy violation does not constitute misconduct as defined in section 443.036(29)....

...forms no services and with respect to which no wages are payable to him, or shall be deemed "partially unemployed" in any week of less than full time work if the wages payable to him with respect to such week are less than his weekly benefit amount. § 443.036(30)(a), Fla....

...The statute further provides that regulations shall be prescribed that are: applicable to unemployed individuals making such distinctions in the procedures as to total unemployment, part-time unemployment, partial unemployment of individuals attached to their regular jobs, and other forms of short-time work... . § 443.036(30)(a), Fla....

...An employee who is discharged for misconduct is not eligible to receive unemployment compensation benefits. See Anderson v. Unemployment Appeals Comm’n, 822 So.2d 563 (Fla. 5th DCA 2002). Whether Mr. Girgis’ conduct *515 amounted to “misconduct” is governed by section 443.036(29), Florida Statutes (2003), which provides in pertinent part: “Misconduct” includes: (a) Conduct demonstrating willful or wanton disregard of an employer’s interests and found to be a deliberate violation or disregard of the s...

...loyee was guilty of having committed "conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation of disregard of standards of behavior which the employer has the right to expect of his employee." § 443.036(26), Fla....

...Commonwealth Life Insurance appeals a final order of the Florida Unemployment Appeals Commission which found appellee Donovan Walters eligible for unemployment benefits. We affirm. Commonwealth argues that Walters, the former employee, is ineligible for unemployment benefits by virtue of subparagraph 443.036(19)(n)(13), Florida Statutes (1989)....

...Here, the employee received employer-paid insurance benefits in addition to commissions. As his remuneration was not solely by way of commission, the exclusion does not apply. Commonwealth urges, however, that we should read the statutory term "wages" into the definition just quoted, in place of the word "remuneration." See § 443.036(33), Florida Statutes (1989) (defining "wages")....

...Pan American/Nat'l Airlines, Inc., 392 So.2d 920, 923 (Fla.3d DCA 1980). Affirmed. NOTES [*] The term "remuneration" is used within the definition of "wages" under the statute, but the two terms are not used synonymously. Some remuneration is excluded from the definition of wages. See id. § 443.036(33)(b)(1).

...Regulation, 475 So.2d 1277, 1281 (Fla. 1st DCA 1985) (citing State Beverage Dep’t v. Ernal, Inc., 115 So.2d 566 (Fla. 3d DCA 1959)). Individuals are entitled to unemployment compensation benefits when they are terminated by an employer who meets certain characteristics. Section 443.036(21)(c), Florida Statutes (2002) 1 provides: “[t]he term ‘employment’ includes service performed by an individual in the employ or a religious, charitable, educational, or other organization.......

...church or convention or association of churches, or (b) an organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or convention or association of churches. § 443.036(21)(d)l, Fla....

...Specifically, for the first quarter of her base period her pay checks were issued by the Peace Child Care Center, Inc. In the last three quarters of Comanic’s base period, her pay checks were issued directly by the Church. We find that these employers both qualify as non-liable employers under section 443.036(21), Florida Statutes (2002), and will consider both separately....

...ng Comanic unemployment benefits arising from her employment with the Peace Child Care Center. With respect to the period in which Co-manic was directly employed by the Church, there is no question that the Church is an excluded employer pursuant to section 443.036(21)(d)l(a)....

...Based on the above, we reverse and remand to the UAC for entry of an order that Comanic be denied unemployment benefits. GUNTHER and WARNER, JJ., concur. . The provisions of this section have been moved to section 443.1216, Florida Statutes, with no substantive changes. Comanic's term of employment is controlled by section 443.036. . "Base period” is defined as the first four of the last five completed calendar quarters immediately preceding the first day of an individual’s benefit year. § 443.036(7), Fla....

...of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. (emphasis added). § 443.036(26), Fla. Stat. (1995). The courts have recognized that certain actions of employees, although warranting termination, do not constitute "misconduct" as defined by section 443.036(26), which precludes unemployment compensation....

...The order concludes that certain individuals performing in radio and television commercials for Zubi as "talents" are not independent contractors, but employees, thereby obligating Zubi to pay on their behalf an unemployment compensation tax as provided in section 443.036(18), Florida Statutes (1987)....

...Any expenses incurred in the production are also passed through *147 to the clients. Talents do not receive any benefits such as medical insurance and are not covered under the Petitioner's workers' compensation or liability insurance policies. Talents generally consider themselves to be independent contractors. Although section 443.036(18) defines the term "employment" and describes individuals deemed to be in employment, the statute does not specifically reference actors, actresses, or models who perform the kind of services rendered by talents. Under the provisions of section 443.036(18)(a)1.b., the term includes "[a]ny individual who, under the usual common-law rules applicable in determining the employer-employee relationship, has the status of an employee." The special deputy, therefore, appropriately invoked the common law criteria set forth in Cantor v....

...a score, Florida Gulf Coast, or vaudeville actors performing their craft under the directives of a music hall producer, Radio City. The order under review is reversed. NOTES [1] The orders under review and the parties' briefs to this court reference section 443.036(17), which defines the term "employing unit." Section 443.036(18) and its sub-sub-paragraphs define the term "employment" and describe those individuals who fall within its ambit.

...Armando Vega appeals the conclusion of the Unemployment Appeals Commission that he was ineligible for unemployment benefits because he was discharged for misconduct connected with his work. We reverse because the behavior which led to Vega's discharge did not amount to misconduct under section 443.036(29), Florida Statutes (2001)....

...vor of the employee. Additionally, awards determinations must be made against the backdrop that the remedial aspect of the unemployment compensation statutory scheme requires a liberal construction in favor of awarding benefits. (citations omitted). Section 443.036(29) defines "misconduct" to include: (a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employer has the right to expect...

...Gutierrez (Tallahassee), for Unemployment Appeals Commission. Before SCHWARTZ, C.J., and COPE and GREEN, JJ. PER CURIAM. The appellant was denied unemployment compensation benefits on the basis of the finding below that he had been discharged for misconduct, section 443.036(29), Florida Statutes (2004), because he obdurately refused, contrary to the direct orders of his supervisor, to operate a forklift which was a part of his job assignment....

...Here, identity of the thing sued for and identity of the cause of action are lacking. The issue of whether Pioneer is liable under section 40.271(3) is not identical to the finding of the Unemployment Compensation Appeals Referee that Neidhart was not discharged for misconduct, as defined in section 443.036(24), Florida Statutes (1985)....

...er's request for a doctor's note but that she was unable to obtain one on such short notice. Apparently, in reaching its conclusions, the UAC reweighed *917 the evidence concerning these matters and substituted its findings for those of the referee. Section 443.036(29), Florida Statutes, defines misconduct as including: (a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employer has...

...See Gulf County School Bd. v. Washington, 567 So.2d 420 (Fla.1990); Doyle v. Florida Unemployment Appeals Comm'n, 635 So.2d 1028 (Fla. 2d DCA 1994). A single incident of poor judgment or loss of self-control by a longtime employee does not constitute misconduct under section 443.036(26), Florida Statutes (1993)....

...Corp., 588 So.2d 1039, 1040 (Fla. 1st DCA 1991). Under section 443.101(1)(a), Florida Statutes (2009), an employee is disqualified from receiving unemployment compensation if his discharge resulted from "misconduct connected with his or her work." Section 443.036(29), Florida Statutes (2009), defines "misconduct" for purposes of determining whether a claimant is disqualified from receiving benefits under section 443.101(1)(a). An employee claimant who is discharged because of excessive, unauthorized absenteeism commits "misconduct" under section 443.036(29) because the absences "presumptively hampers the operation of a business and [are] inherently detrimental to an employer." Tallahassee Hous....

...negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his or her employer. § 443.036(26), Fla....

...forgiven. We think not. Davis' conduct evinced "such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employer has the right to expect of his or her employee." § 443.036(26), Fla....

...*815 BROWNING, J. Saundra L. Blodgett (Appellant) appeals an order of the Unemployment Appeals Commission (UAC) denying her unemployment benefits. Appellant argues that UAC's order should be reversed because she did not commit misconduct as defined by section 443.036(29), Florida Statutes (2002)....

...ave. At the hearing conducted on whether Appellant was entitled to unemployment benefits, the hearing officer determined that, because Appellant's actions constituted misconduct, she was not entitled to benefits. The UAC affirmed this determination. Section 443.036(29), Florida Statutes (2002), defines misconduct as (a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employer has the...

...A court must consider an employee's entire course of conduct surrounding the absences; proof of one act is insufficient to demonstrate excessive unauthorized absenteeism. Id. Courts must construe the statute liberally in favor of the employee. Id. at 655. Under a liberal construction of section 443.036, Appellant did not commit misconduct....

...ding whether misconduct occurred, but that it is appropriate to review the worker's entire employment history, the Blumetti court, citing Tallahassee Housing Authority v. Florida Unemployment Appeals Commission, 483 So.2d 413 (Fla.1986), interpreted section 443.036(26), Florida Statutes (1995), [1] the statutory definition of misconduct, as requiring a showing "by a preponderance of the evidence that the former employee's tardiness was inexcusable and detrimental to the employer's interest." Blumetti, 675 So.2d at 690....

...asoning of the district court in the instant case. In our view, excessive unauthorized absenteeism presumptively hampers the operation of a business and is inherently detrimental to an employer. We hold, therefore, that a finding of misconduct under section 443.036(24) is justified when an employer presents substantial competent evidence of an employee's excessive unauthorized absenteeism....

...negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his or her employer. § 443.036(29)....

...cision of the appeals referee which disqualified him from receipt of unemployment benefits. We reverse. The issue on appeal is whether the appeals referee correctly determined that Barnes' conduct amounted to misconduct as defined in Florida Statute § 443.036(26) (1997) so as to disqualify him from receiving unemployment benefits....

...As a result of the above incident, the claimant was discharged on January 3, 1997. (Emphasis added.) The above findings of fact do not support the referee's conclusion of law that Barnes was discharged for misconduct connected with work. Florida Statute § 443.036(26) (1997) defines misconduct....

...Because the employer did not prove carelessness or negligence of the kind the statute requires (and has not alleged any other misconduct), we reverse. Carelessness that does not "manifest culpability, wrongful intent, or evil design" does not constitute "misconduct" within the meaning of section 443.036(29)(b), Florida Statutes (2001)....

...Unemployment Appeals Comm'n, 490 So.2d 961, 962 (Fla. 3d DCA), rev. denied, 500 So.2d 544 (Fla. 1986). Accord Pascarelli v. Unemployment Appeals Comm'n, 664 So.2d 1089, 1091 (Fla. 5th DCA 1995); Paul v. Jabil Circuit Co., 627 So.2d 545, 546 (Fla. 2d DCA 1993). Under section 443.036(29)(b), Florida Statutes (2001), carelessness or negligence may constitute misconduct rendering an applicant ineligible to receive unemployment benefits, but only in certain, specified circumstances....

...." Webb v. Rice, 693 So.2d 1109, 1111 (Fla. 3d DCA 1997). Despite the number of accidents, the record contains no evidence that Mr. Lyster's carelessness or negligence—assuming inattention instead of ineptitude— amounted to the kind required under section 443.036(29)(b)....

...As far as the record reveals, Mr. Lyster received a traffic citation for none of the accidents. See Maxfield 716 So.2d at 861; Poole, 703 So.2d at 1159. The negligence SRT established does not, in short, "manifest culpability, wrongful intent, or evil design." § 443.036(29)(b), Fla....

...Accordingly, we find there was competent, substantial evidence to support the referee's findings. We finally address whether the claimant's actions—selling unneeded repairs to the customer and lying to his service manager—constituted misconduct under the statute. Section 443.036(29), Florida Statutes (2010), provides that "misconduct" includes, but is not limited to, the following: (a) Conduct demonstrating willful or wanton disregard of an employer's interests and found to be a deliberate violation or disreg...

...regard of an employer's interests [that is] a deliberate violation or disregard of the standards of behavior which the employer has a right to expect of his or her employee[,]" which is disqualifying misconduct connected with work under the statute. § 443.036(29)(a), Fla....

...Markham was denied unemployment benefits because he was "discharged for failure to properly notify the employer of an absence. The claimant's actions were not in the best interests of the employer." Based on this, Mr. Williams concluded that the discharge was for misconduct connected with the work. Misconduct is defined in section 443.036(29) of the Florida Statutes: "Misconduct" includes, but is not limited to, the following, which may not be construed in pari materia with each other: (a) Conduct demonstrating willful or wanton disregard of an employer's interests and...

...ess or negligence to a degree or recurrence that manifests culpability, wrongful intent, 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. § 443.036(29), Fla....

...ls Commission (the “Commission”) affirming the findings of the appeals referee (“referee”), which denied unemployment benefits to Hernandez. Because we find that Hernandez’s conduct did not meet the statutory definition of misconduct under section 443.036(30), Florida Statutes (2011), we reverse....

...STANDARD OF REVIEW This Court must accept a referee’s findings of fact if supported by competent, substantial evidence in the record. Hialeah Hous. Auth. v. Fla. Unemployment Appeals Comm’n, 16 So.3d 216, 217 (Fla. 3d DCA 2009). The determination of whether the employee committed misconduct connected with work under section 443.036(30), is a question of law reviewed *409 de novo....

...ANALYSIS The Commission contends that Hernandez’s employment discharge was for misconduct connected with work as defined in the unemployment compensation law, which disqualifies an individual from receiving unemployment benefits if he or she has been discharged for misconduct. The relevant portions of section 443.036(30) state as follows: (a) Conduct demonstrating conscious disregard of an employer’s interests and found to be a deliberate violation or disregard of the reasonable standards of behavior which the employer expects of his or her employee....

...onstrate that: 1. He or she did not know, and could not reasonably know, of the rule’s requirements; 2. The rule is not lawful or not reasonably related to the job environment and performance; or 3. The rule is not fairly or consistently enforced. § 443.036(30), Fla....

...lure to perform in the workplace. The record fails to reveal that Hernandez acted in “deliberate violation or disregard” of his employer’s reasonable standard of behavior or with a carelessness manifesting “culpability or wrongful intent.” § 443.036(30)(a)-(b); see Morales v. Fla. Reemployment Assistance Appeals Comm’n, 106 So.3d 81 (Fla. 3d DCA 2013). III. CONCLUSION Because the employer did not show that Hernandez’s conduct met the statutory definition of misconduct under section 443.036(30), the order denying Hernandez unemployment benefits is reversed....

...ess or negligence to a degree or recurrence that manifests culpability, wrongful intent, 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. § 443.036(29), Fla....

...The employer discharged the claimant the same day for not reporting to *161 the job site and for not informing the employer of the fact that he was not intending to report to work. The appeals referee correctly concluded that the claimant's actions constituted misconduct as defined under section 443.036(29)....

...referee's order. Under section 443.101(1)(a), Florida Statutes (2008), a person is disqualified from receiving unemployment benefits when "he or she ... has been discharged by his or her employing unit for misconduct connected with his or her work." Section 443.036(29), Florida Statutes (2008), defines "misconduct" as follows: "Misconduct" includes, but is not limited to, the following, which may not be construed in pari materia with each other: (a) Conduct demonstrating willful or wanton disreg...

...She concedes she was properly terminated from her job but argues she is still entitled to unemployment benefits. We agree she was properly discharged and agree that she should receive the benefits because her conduct did not reach the level of that defined in the statute as "misconduct." Section 443.036(24), Florida Statutes, (1984 Supp.) states: (24) MISCONDUCT....

...d of an employer's interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect... ." Fredericks v. Florida Dept. of Commerce, 323 So.2d 286, 288 (Fla. 2d DCA 1975) (emphasis added); § 443.036(26), Fla....

...Following the erroneous admission of the employer's summaries, Ms. Wark admitted in her testimony to one instance of unexcused absence and one instance of leaving work early. An employee may be denied unemployment compensation benefits if her misconduct meets the standard identified in section 443.036(26), Florida Statutes....

...his base period.” § 443.091(1)©, Fla. Stat. (2000). The referee rejected his argument that income he realized in a single quarter from exercising stock options he had received as remuneration for employment should be excluded from his wages, as defined in section 443.036(40)(a), Flprida Statutes (2000)....

...Based upon the testimony the referee made a finding of fact that Carilus "did not keep a job search record as instructed by the Agency for the weeks of March 15, 2009, through May 28, 2009." To be considered "available for work" within the *655 meaning of section 443.036(6), Florida Statutes, the claimant was required to show that he was "actively seeking and being ready and willing to accept suitable employment." The referee concluded that: The claimant did not provide an adequate search for employment and was aware of the job search requirement....

not constitute “misconduct” as defined by section 443.036(29), Florida Statutes (2010). A review of the

...Misconduct is defined, in pertinent part, as conduct “demonstrating conscious disregard of an employer’s interests and found to be a deliberate violation or disregard of the reasonable standards of behavior which the employer expects of his or her employee.” § 443.036(30)(a), Fla....

...ales’s actions constitute “[c]onduct demonstrating conscious disregard of an employer’s interests and found to be a deliberate violation or disregard of the reasonable standards of behavior which the employer expects of his or her employee.” § 443.036(30)(a), Fla....

...rise to the level of misconduct connected with work. Leedham's willful and deliberate violation of the policy, especially after admitting that he had company property in his briefcase, amounted to misconduct connected with work within the meaning of section 443.036(29), Florida Statutes (2005)....

...We hold that the appellant-employee's actions, which—at worst—amounted to a failure to comply with a superior's directive to produce a written statement about a work-related incident, as a matter of law, did not constitute disqualifying misconduct. See § 443.036(29), Fla....

...equirements notwithstanding her supervisor's order to do so anyway. We reverse with directions to afford her the full amounts claimed because the grounds relied upon fall embarrassingly short of satisfying the statutory definition of misconduct. See § 443.036(29), Fla....

...Diez filed his claim for reemployment assistance on February 1, 2013. To determine whether Diez had sufficient wage credits to qualify for benefits, the Commission first established the pertinent base period as October 1, 2011, through September 31, 2012. See § 443.036(7), Fla. Stat. (2012) (defining “base period” as “the first four of the last five completed calendar quarters immediately preceding the first day of an individual’s benefit year”); § 443.036(9), Fla....

...Section 443.091(1)(f), Florida Statutes provides that an unemployed individual is eligible to receive benefits if the Agency finds that the individual "has been paid wages for insured work equal to 1.5 times her or his high quarter wages during her or his base period." § 443.091(1)(f), Fla. Stat. (2003). Section 443.036(27), Florida Statutes, defines "insured work" as "employment for employers." § 443.036(27), Fla. Stat. (2003). Additionally, section 443.036(21), Florida Statutes, defines "employment" as "a service subject to this chapter under section 443.1216 which is performed by an employee for the person employing him or her." § 443.036(21), Fla....

..."An employee's actions sufficient to justify discharge from employment do not necessarily constitute misconduct sufficient to bar recovery of unemployment benefits." Blodgett v. Fla. Unemployment Appeals Comm'n, 880 So.2d 814, 815 (Fla. 1st DCA 2004). Section 443.036(29), Florida Statutes (2009), defines misconduct sufficient to deny unemployment benefits: (29) "Misconduct" includes, but is not limited to, the following, which may not be construed in pari materia with each other: (a) Conduct demon...

...See § 443.101(1)(a), Fla. Stat. (2008) (stating that "[a]n individual shall be disqualified for benefits ... [f]or the week in which he or she ... has been discharged by his or her employing unit for misconduct connected with his or her work"); *877 § 443.036(29)(a), Fla....

...Dade County School Bd., 872 So.2d 457 (Fla. 3d DCA 2004). Under section 443.101(1)(a), Florida Statutes (2004), a claimant is disqualified from receiving benefits if he has been discharged by his employer for misconduct connected with his work. Misconduct is defined in section 443.036(29), Florida Statutes (2004), as follows: "Misconduct" includes, but is not limited to, the following, which may not be construed in pari materia with each other: (a) Conduct demonstrating willful or wanton disregard of an employer's...

...t was a medical "intern." The unemployment law excludes from coverage "service performed as an intern in the employ of a hospital by an individual who has completed a 4-year course in a medical school chartered or approved pursuant to state law...." § 443.036(19)(n)12, Fla....

...onduct includes “[cjon-duct demonstrating willful or wanton disregard of an employer’s interests and found to be a deliberate violation or disregard of the standards of behavior which the employer has a right to expect of his or her employee.” § 443.036(29)(a), Fla....

...gh supporting termination would not amount to the misconduct necessary to support a denial of benefits. Accordingly, we reverse the Unemployment Appeals Commission's order denying unemployment benefits to Arroyo. NOTES [1] "Misconduct" is defined in section 443.036(29) of the Florida Statutes as follows: (29) "Misconduct" includes, but is not limited to, the following, which may not be construed in pari materia with each other: (a) Conduct demonstrating willful or wanton disregard of an employer...

...ess or negligence to a degree or recurrence that manifests culpability, wrongful intent, 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. § 443.036 (29), Fla....

...negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his or her employer. Section 443.036(29), Florida Statutes....

...tantial evidence. Florida's unemployment compensation law, Section 443.101(1), Florida Statutes (1993), provides that workers who are discharged because of misconduct, are disqualified from receiving unemployment benefits. "Misconduct" is defined in Section 443.036(26), Florida Statutes (1993), as either: (a) Conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violation or disregard of standards of behavior which the employer has the right to ex...

...break policy by having her hair treated on company premises and, partially, on company time. Such conduct does not evince that type of willful or substantial disregard of the employer's interests which rises to the level of misconduct as defined in Section 443.036(26)....

...Section 110.402(1), Florida Statutes (1987), defines senior management service as including executive branch positions having "duties and responsibilities" that are "primarily and essentially policymaking or managerial in nature." Such positions are non-tenured. Section 110.403(1)(a), Fla. Stat. (1987). Section 443.036(18), Florida Statutes (1987), defines employment for purposes of unemployment compensation benefits under chapter 443. It contains an explicit exclusion in subsection 443.036(18)(d)4 d....

...Claimant, Darlene Farren, a former animal control officer, appeals an order of the Florida Unemployment Appeals Commission affirming the appeals referee's decision that she was ineligible for benefits because her use of county inmates for her personal business constituted misconduct pursuant to section 443.036(29), Florida Statutes....

PER CURIAM. Affirmed. § 443.036(26), Fla. Stat. (1997); see Lewis v. Unemployment Appeals Comm’n, 473

support a denial of benefits as required by section 443.036(29), Florida Statutes (Supp.1998).1 “[C]ase

...the decision of the appeals referee that Mr. Maxfield is not entitled to receive unemployment compensation benefits due to employee misconduct. We reverse because the record does not contain substantial competent evidence of misconduct as defined by section 443.036(26)(b), Florida Statutes (1995)....

...result, he was disqualified from receiving unemployment benefits. The UAC agreed and affirmed the appeals referee’s decision. Our unemployment compensation law provides that unemployment benefits may not be paid if an employee is discharged for misconduct. See § 443.101,. Fla. Stat. (1995). Section 443.036(26) defines “misconduct” as follows: 443.036 Definitions.— As used in this chapter, unless the context clearly requires otherwise: ‡ ‡ ‡ ‡ (26) MISCONDUCT....

...igence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his or her employer. § 443.036, Fla. Stat. (1995). The issue in this casé is whether Mr. Maxfield’s multiple vehicle accidents involving his misjudgment while driving constituted misconduct. UAC contends that Mr. Maxfield’s accidents constitute a violation of subsection (b) of section 443.036....

...However, it is equally clear that the record is devoid 'of any evidence that his carelessness or negligence was of “such a degree or recurrence as to manifest culpability, wrongful intent, or evil design, or to show an intentional and substantial disregard of the employer’s interests ....” § 443.036(26)(b), Fla....

...be of “such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer’s interests or the employee’s duties and obligations to his or her employer.” § 443.036(26)(b), Fla....

PER CURIAM. The issue on appeal is whether there was sufficient evidence presented to support the appeals referee’s decision that Negron was properly discharged for misconduct pursuant to section 443.036(26), and the consequent denial of receiving unemployment compensation benefits....

support a finding of misconduct as defined in section 443.036(24), Florida Statutes (1985). See Armstrong

PER CURIAM. Rosine Rutt appeals an order of the Unemployment Appeals Commission affirming the appeals referee’s determination that her employer fired her for misconduct connected with work, as defined in section 443.036(26), Florida Statutes (1997), and that she was therefore disqualified from receiving unemployment benefits....

...He tried to comply with the new policy of scheduling them in advance, but was unable to do so. Under section 443.101(l)(a), Florida Statutes (2002), a claimant is dis *1286 qualified from receiving unemployment compensation if Ms discharge resulted from “misconduct connected with his or her work.” Section 443.036(29), Florida Statutes (2002), defines “misconduct” for purposes of determining whether a claimant is disqualified from receiving benefits under section 443.101(1)(a). A claimant who is discharged because of excessive unauthorized absenteeism commits “misconduct” under section 443.036(29)....

...burden. Id. at 654-55 . Once the employer meets its burden of proving that the employee’s absences were excessive and unauthorized, the burden shifts to the employee to rebut the presumption that the absenteeism constituted “misconduct” under section 443.036(24)....

PER CURIAM. Affirmed. See § 443.036(26), Fla.Stat....

...On appeal to the Florida Unemployment Appeals Commission, the appeals referee’s decision was affirmed. Wells contends that the appeals referee erred by finding that his actions constituted misconduct sufficient to justify denial of unemployment benefits. We disagree. Section 443.036(29), Florida Statutes, defines misconduct as “[cjonduct evincing ......

for misconduct connected with his work.” Section 443.-036(24)(a) defines “misconduct” as conduct evincing

...The statute defines "misconduct" to include "carelessness or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer." § 443.036(26)(b), Fla. Stat. (1995). Misconduct, as defined in section 443.036(29)(b), Florida Statutes (2009), likewise reflects the requirement of: "[c]arelessness or negligence to a degree or recurrence that manifests culpability, wrongful intent, or evil design or shows an intentional and substantial disrega...

for misconduct connected with his work,_” Section 443.036(26) further defines “misconduct” as follows:

discharged employee for unemployment benefits. § 443.-036(26), Fla.Stat. (1991). All that can be reasonably

receiving benefits. Misconduct is defined in section 443.036(26), Florida Statutes (1997), as: (a) Conduct

...which the employer has the right to expect of him, or it was negligence of such a degree or recurrence as to manifest evil design or to show an intentional and substantial disregard of the employee’s duties and obligations to his employer,” see Section 443.036(24), Florida Statutes (1982 Supp.)....

...The claimant was never instructed that he was required to work Ms original schedule on September 13, 1994. Thus the evidence was sufficient to support the appeals referee’s finding that the claimant did not intentionally disregard the employer’s interests and did not engage in misconduct within the meaning of section 443.036(26), Florida Statutes (1993)....

...” Misconduct sufficient to warrant a denial of benefits includes conduct which evinces a wilful or wanton disregard of the employer’s interest or disregard of standards of behavior which the employer has the right to expect from an employee. See § 443.036(29), Fla....

...nce of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his or her employer.” § 443.036(29), Fla....

...egard of the employer’s interests or of the employee’s duties and obligations to his employer. On the other hand ... good faith errors in judgment or discretion are not to be deemed ‘misconduct’ within the meaning of the statute.” See also § 443.036(26), Fla....

rises to the level of misconduct as defined in Section 443.036(26), Florida Statutes (1997). See Castillo

misconduct meets the standard identified in section 443.036(29), Florida Statutes (Supp.1998): MISCONDUCT

DANIEL S. PEARSON, Judge. This is an appeal from an order of the Unemployment Appeals Commission affirming the appeals referee’s decision that James G. Taube was guilty of misconduct as defined in Section 443.036(24), Florida Statutes (1985), 1 and was thus ineligible to receive unemployment compensation upon his discharge from employment....

...nyone else. Taube contends, however, that because he had used the vehicle for personal errands for almost five years with the knowledge and acquiescence of the department heads and supervisory personnel, he cannot be found guilty of misconduct under Section 443.036(24) and thus rendered ineligible for unemployment benefits by his employer’s post-hoc opinion that his more extensive use of the vehicle— stopping for three hours on his way home after work — required written permission....

...the employer’s standards or interests required to disqualify him from unemployment compensation benefits. Accordingly, the order under review is reversed with directions that Taube’s claim for unemployment compensation be approved. 3 Reversed. . Section 443.036(24) reads: “MISCONDUCT....

misconduct connected with work, as defined by section 443.036(26), Florida Statutes (1997), we reverse the

...ismissal was affirmed. In October 1985, English applied for unemployment benefits. In January 1986, the claims examiner notified English that he was not eligible for benefits because his discharge was for misconduct connected with work as defined in section 443.036(24), Florida Statutes (1985)....

...ree. Duncan v. Ryder Truck Rental, Inc., 418 So.2d 1125 (Fla. 1st DCA 1982). In this case the referee found that the preponderance of the evidence did not show that claimant was discharged for misconduct connected with his work within the meaning of section 443.036(24)....

...ur judgment for that of the referee, the record contains *729 competent substantial evidence to support the referee’s findings. DGS also contends that for purposes of unemployment compensation, the qualifying phrase “but not limited to” in the § 443.036(24) definition of misconduct effectively adopts the definition of misconduct used in the career service system, even in the absence of specific reference to § 110.227....

...Ury Kalai, M.D., P.A., 480 So.2d 695 (Fla. 4th DCA 1985). An employee is disqualified from receiving benefits if he has been “discharged by his employing unit for misconduct connected with his work, if so found by the division.” § 443.101(l)(a), Fla.Stat. (1985). Section 443.036(24) defines misconduct: “Misconduct” includes, but is not limited to, the following, which shall not be construed in pari materia with each other: (a) Conduct evincing such willful or wanton disregard of an employer’s interests...

...the employer’s interest or of the employee’s duties and obligations to his employer. The fact that an employee is discharged for misconduct in the employer’s opinion does not necessarily demonstrate the existence of misconduct contemplated by section 443.036(24)....

...ct connected with work obviously contemplates a determination of misconduct independent of the employer’s decision to terminate the employee for that reason. Since the Division found that claimant was not guilty of misconduct within the meaning of section 443.036(24), and its finding was supported by competent substantial evidence, the appealed order is AFFIRMED....

...Borrego advised the general manager that he left early because his wife was in the hospital. The general manager told Borrego that he was discharged for falsifying time records. The referee concluded that this isolated incident of poor judgment did not constitute misconduct within the meaning of section 443.036(29), Florida Statutes (2004), and ordered that unemployment benefits be granted....

...Unemployment Appeals Comm'n, 682 So.2d 1187 (Fla. 4th DCA 1996); David Clark & Assocs. v. Kennedy, 390 So.2d 149 (Fla. 1st DCA 1980). Thus, the Commission erred in concluding that Borrego engaged in "misconduct" disqualifying him for unemployment compensation benefits. Section 443.036(29), Florida Statutes (2003), provides: (29) "Misconduct" includes, but is not limited to, the following, which may not be construed in pari materia with each other: (a) Conduct demonstrating willful or wanton disregard of an employer...

...Franks appeals the order of the Unemployment Appeals Commission affirming the decision of the appeals referee that disqualified her from receiving benefits. Because Ms. Franks’ actions, which resulted in her discharge from employment, did not rise to the level of misconduct as defined in section 443.036(29), Florida Statutes (2004), we reverse....

...or negligence to a degree or recurrence that manifests culpability, wrongful intent, 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. § 443.036(29)....

WELLS, Judge. Affirmed. See § 443.036(29), Fla....

disqualification in all but exceptional circumstances. See § 443.036(26), Fla.Stat. (1991). Second, the employer has

...ow, among other requirements, that she is "able to work and is available for work." § 443.091(1)(d), Fla. Stat. (2010). "Able to work" means "physically and mentally capable of performing the duties of the occupation in which work is being sought." § 443.036(1), Fla. Stat. (2010). "Available for work" means "actively seeking and being ready and willing to accept suitable employment." § 443.036(6), Fla....

Nordin, 101 So.2d 890 (Fla. 1st. DCA 1958); § 443.036(26), Fla.Stat. (1991).

...negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his or her employer. § 443.036(29), Fla....

...Notwithstanding the appellant’s complaints about her treatment by her employer, over which we have no jurisdiction, it is clear that the order below disqualifying her from unemployment compensation benefits because her employer is a “church” and therefore not subject to the Florida unemployment compensation law under section 443.036(21)(d) 1 a, Florida Statutes (1999), is entirely correct....

...ateral sources to be set off from a plaintiff’s recovery.” Coop. Leasing, Inc. v. Johnson, 872 So. 2d 956, 959 (Fla. 2d DCA 2004) (citing § 768.76, Fla. Stat. (1997)). 1 Unemployment compensation has been renamed “reemployment assistance.” § 443.036(38), Fla....

...person seeking reemployment assistance must be “able to work and is available for work.” § 443.091(1)(d), Fla. Stat. (2012). “Able to work” is defined as “physically and mentally capable of performing the duties of the occupation in which work is being sought.” § 443.036(1), Fla....

...a personal injury or sickness.” Unemployment compensation would not fall under this section as it does not involve sickness or injury. See § 443.091(1)(d), Fla. Stat. In fact, the person seeking unemployment compensation must be physically able to work. See § 443.036(1), Fla....

PER CURIAM. The decision below denying unemployment compensation benefits is reversed because the conduct complained of did not, as a matter law, amount to disqualifying “misconduct.” § 443.036(29), Fla....

PER CURIAM. Affirmed. § 443.036(26), Fla. Stat. (1995).

...Commission’s order which reversed the decision of the Appeals Referee and found that Contreras committed misconduct disqualifying him from receiving unemployment benefits. Because Contreras’s actions did not constitute “misconduct” as defined in section 443.036(29), Florida Statutes (2014), we reverse. The facts, as found by the Referee, are briefly stated as follows. Contreras was hired on or around March 23, 2010, as one of the caregivers/companions for an elderly man (“patient”) who suffered from dementia....

...been discharged by his or her employer “for misconduct connected with his or her work.” § 443.101(1)(a), Fla. Stat. (2014). “Misconduct” includes “[c]onduct demonstrating conscious disregard of an employer’s interests.” § 443.036(29)(a), Fla....

...od was an overpayment on her unemployment claim. Winters appealed this decision and the UAC affirmed. She now appeals the UAC decision. To be entitled to unemployment benefits, a person must be unemployed. See § 443.091(1), Fla. Stat. (2002). Under section 443.036(39)(a) of the Florida Statutes, “an individual shall be deemed ‘totally unemployed’ in any week during which he or she performs no services and with respect to which no earned income is payable to him or her.” We reject the UA...

...ny’s benefit program. Therefore, the evidence does not support a finding that Winters was providing services to First Warranty or earning income payable to her from First Warranty during the first three weeks of January. Thus, pursuant to sections 443.036(39)(a) and 443.091(1) of the Florida Statutes, Winters was totally unemployed and entitled to receive unemployment benefits....

PER CURIAM. The decision below denying unemployment compensation benefits is reversed because the conduct complained of did not, as a matter of law, amount to disqualifying “misconduct.” § 443.036(29), Fla....

...A person who is discharged for misconduct is disqualified from receiving unemployment compensation benefits. § 443.101(l)(a)2, Fla. Stat. (1997). Therefore, the issue before the appeals referee and the UAC was whether the employer discharged the claimant for misconduct connected with her work. Section 443.036, Florida Statutes (1997), defines misconduct as follows: (26) MISCONDUCT....

compensation and not independent contractors. Section 443.-036(17), Florida Statutes. We have reviewed the

...The representative explained that “His Kids” refers to “Jesus’ ” kids. In the final order, the appeals referee exercised her fact-finding authority to determine the claimant worked for a daycare center, operated and controlled by a church, for religious purposes. Based on these facts, pursuant to sections 443.036(21), and 443.036(27), Florida Statutes, this type of employment was not “insured,” and therefore, the claimant was not entitled to receive benefits....

...Unemployment Appeals Comm’n, 864 So.2d 563 (Fla. 3d DCA 2004); Lewis v. Lakeland Health Care Ctr., Inc., 685 So.2d 876 (Fla. 2d DCA 1996). To be eligible for benefits, a claimant must have been paid wages for “insured” work, which is defined as “employment for employers.” See §§ 443.036(27), and 443.091(1)(f), Fla....

...n CSE. Accordingly, we reverse the order of the UAC and direct the UAC to enter an order consistent with the decision of the appeals referee. REVERSED and REMANDED with instructions. PADOVANO, and POLSTON, JJ., concur. . The appeals referee cited to section 443.036(21)(d)(l)(a), Florida Statutes, which no longer exists....

...Melenez appeals a decision denying her unemployment benefits after she was terminated from her employment *915 as a sales associate for Burdines. We find that while there may have been grounds for firing Ms. Melenez, those grounds are not sufficient for denial of unemployment benefits under Section 443.036(29)(a), Florida Statutes (2003)....

...rorated was in excess of the weekly benefit amount. 1 This decision was ultimately approved by the Commission, which ruled that the back pay Ching received form his employer, pursuant to the 1997 NLRB proceeding was “earned income” as defined in section 443.036(16), Florida Statutes (Supp.1998), which provides: (16) EARNED INCOME....

...e NLRB was sufficiently independent of the Garmon pre-pre-emption doctrine. The employer’s equity claim that it would not have agreed to settle the unfair labor practice claim had it known of this liability, was rejected. Second, Ching argues that section 443.036(16) does not include “back pay” as earned income. Rather, he says an individual is deemed totally unemployed under *370 that statute “[in] any week during which he or she performs no services and with respect to which no earned income is payable to him or her.” (emphasis supplied). § 443.036(39), Fla....

...Although this is a possible interpretation of the law, we think the language of the statute is clear and unambiguous and must be given effect. Modder v. American Nat'l Life Ins. Co., 688 So.2d 330, 333 (Fla.1997); Aetna Cas. and Sur. Co. v. Huntington Nat’l Bank, 609 So.2d 1315, 1317 (Fla.1992). Section 443.036(16) expressly provides that “earned income” includes “back-pay awards” and further, section 443.036(40) defines “wages” as including “back pay awards.” Neither section contains an exception for NLRB awards, nor does the statute specifically deal with NLRB awards in any section....

...“back pay” in the amount of $13,733.00, etc. Parties are bound by the clear words of their agreements and a subsequent interpretation in *371 conflict with the clear meaning cannot be given effect. 4 AFFIRMED. GRIFFIN and SAWAYA, JJ., concur. . § 443.036(16), Fla....

unit for misconduct connected with his work. Section 443.036(26), Florida Statutes (1993), defines misconduct

...on. Therefore, we conclude that the evidence submitted to the referee does not support the conclusion that Ms. Rosier’s actions violated the conditions of her probation and amounted to misconduct within the meaning of the unemployment statute. See § 443.036(29), Fla....

duties and obligations to his or her employer. § 443.036(26), Fla. Stat. (1997). Under the statute, not

...he was disqualified from receiving benefits because of his discharge from employment for misconduct connected with work. Fisher argues that the record clearly shows that he was not discharged for “misconduct” as that term is defined by statute. Section 443.036(29), Florida Statutes (1999) provides: MISCONDUCT....

PER CURIAM. Affirmed. § 443.036(26)(a), Fla.Stat. (1993). See Brownstein v. Hartwell Enter., Inc., 647

court appearance. Misconduct is defined in section 443.-036(26), Florida Statutes (1989) as follows: (26)

...Florida’s unemployment compensation statute defines “misconduct” as conduct evincing such “willful or wanton disregard of an employer’s interests” as is found in *1013 “deliberate violation or disregard of the standards of behavior which the employer has a right to expect of his or her employee.” § 443.036(29)(a), Fla....

...The exact dates of these payments are not a matter of record in this appeal. . This total was $17,468.69. Because of the late date of his filing, Matteson’s base period was the last two quarters of 1988 and the first two quarters of 1989. . This was 13 weeks. . § 443.036(25) Fla.Stat. (1989). . § 443.036(19) Fla.Stat. (1989). . § 443.036(32) Fla.Stat....

connected with work within the meaning of section 443.036(26), Florida Statutes (1997). Lewis worked

...In a position which, under or pursuant to the laws of this state, is designated as a major nontenured pol-icymaking or advisory position or a policymaking or advisory position, the performance of the duties of which ordinarily does not require more than 8 hours per week. § 443.036(21)(d)4., Fla....

should not be denied unemployment benefits. Section 443.036(24), Florida Statutes (1985), defines misconduct

to the level of misconduct required under section 443.036(26)(a) of the Florida Statutes. See Betancourt

...ss. According to the general manager, Nguyen was warned four times in writing and twice verbally that his tardiness would result in a discharge. Excessive tardiness may be a basis for a finding of misconduct connected with work within the meaning of section 443.036(26), Florida Statutes (1997)....

week are less than his weekly benefit amount. § 443.036(30)(a), Fla.Stat. The statute further provides

...roommate only, thus, there is no support for the conclusion that the subscriber’s best interest was intentionally disregarded by Philbin. An employer may deny benefits to an employee who is discharged for misconduct. § 443.101, Fla.Stat. (1983). Section 443.036(24), Florida Statutes (1983) defines misconduct as (a) Conduct evincing such willful or wanton disregard of an employer’s interests as is found in deliberate violation or disregard of standards of behavior which the employer has the...

argument. The referee’s decision observed that section 443.036(18) defines an employment unit in some detail

...By definition, “misconduct” includes “conduct evincing such willful and wanton disregard of an employer’s interests as is found in deliberate violation or disregard of standards of behavior which the employer has the right to expect from his employee.” § 443.036(26), Fla....

notified. We are not persuaded by this argument. Section 443.036(18), Florida Statutes (1997), defines an employing

...Employer, Hialeah Housing Authority, appeals from a decision of the Unemployment Appeals Commission reversing a determination by an appeals referee disqualifying an employee from receiving unemployment compensation benefits because she had engaged in misconduct connected with work. See 443.036(29), Fla....

...Sun Bank Miami, N.A., 672 So.2d 37, 38 (Fla. 3d DCA 1996) (stating that "[a]lthough an employee's actions may justify discharge, the same conduct does not necessarily preclude entitlement to unemployment benefits"). Accordingly, we affirm. NOTES [1] Section 443.036(29) in pertinent part provides: "Misconduct" includes, but is not limited to, the following, which may not be construed in pari material with each other: (a)Conduct demonstrating willful or wanton disregard of an employer's interests...

PER CURIAM. Erick Kelton appeals the denial of his claim for unemployment benefits. The appeals referee found that Kelton was discharged for misconduct connected with work, as defined in section 443.036(26), Florida Statutes (1995)....

...termination of his employment breached his employment agreement. Pertinent to this appeal, the employee specifically alleged his employment agreement provided that being terminated “with cause” required him to have committed “misconduct” as defined by section 443.036(29), Florida Statutes (2016), and he had not committed any “misconduct.” During the employee’s trial testimony, he provided additional facts to clarify or refute the three reasons upon which Vice Mayor London had relied to support the employee’s suspension and termination....

...Rice, 693 So.2d 1109, 1111-12 (Fla. 3d DCA 1997), Smith v. Krugman-Kadi, 547 So.2d 677, 679 (Fla. 1st DCA 1989) and Lewis v. Unemployment Appeals Commission, 498 So.2d 608, 609 (Fla. 5th DCA 1986). Because Cabrera’s conduct did not amount to misconduct under Section 443.036(26), Florida Statutes (1997), he should not have been denied unemployment benefits....

...Meanwhile, the March 25, 2009, hearing in Case Number XXXX-XXXXXU, proceeded as scheduled. The only party to appear was the employer. The next day, the Office of Appeals issued a decision finding Ms. Gonzalez ineligible to receive benefits based upon employee misconduct. See § 443.036(29), Fla....

...jority of this court. See Fla. R.App. P. 9.331(d). [2] Under Florida law, a determination whether a claimant is entitled to unemployment compensation is dual-pronged. First, a claimant must be shown to be monetarily eligible to receive benefits. See § 443.036(30), Fla....

...(2010). The second prong is a non-monetary determination. A non-monetary determination encompasses all other considerations which bear on claimant eligibility, notably whether the claimed misfortune is attributable to disqualifying misconduct. See § 443.036(29), (31), Fla....

work. § 443.101(l)(a), Fla. Stat. (1995). Section 443.036(26), Florida Statutes (1995), defines “misconduct”

...rate violations or disregard of standards of behavior which the employer has the right to expect....” Adams v. Burdines, Inc., 600 So.2d 1233, 1234 (Fla. 3d DCA 1992); Fredericks v. Florida Dept. of Commerce, 323 So.2d 286, 288 (Fla. 2d DCA 1975); § 443.036(26), Fla.Stat....

conclusions of law and is entitled to construe section 443.036(26), Florida Statutes (1991), in accordance

period” of July 1, 1995 through June 30, 1996. See § 443.036(5), Fla. Stat. (1997). During the base period

PER CURIAM. Penny May appeals the denial of her claim for unemployment benefits. The appeals referee found that May was discharged for misconduct connected with work, as defined in section 443.036(26), Florida Statutes (1995)....

...to her. There is nothing in the record to dispute that the records that Gerhart refused to return belonged to her. Accordingly, the evidence in the record does not support a determination that Gerhart’s actions constituted misconduct as defined in section 443.036(26)(a) or (b), Florida Statutes (1995)....

...affirmed the appeals referee’s determination that the claimant, Joyce Arnette, was qualified for benefits under the applicable statutes. The RAAC’s order and the underlying appeals referee determination applied the statutory definition of “misconduct” found in section 443.036(29), Florida Statutes (2014), 1 to the undisputed facts presented at the administrative hearing....

...determination or the evidentiary support for any findings of fact upon which the final agency action is based. Rather, the Bank asserts that the RAAC’s affirmance of the appeals referee’s determination that the claimant was not discharged for 1 Formerly section 443.036(30), Florida Statutes (2013). 2 misconduct as defined by section 443.036(29), is an erroneous application of the statute to the facts of this case....

...4 benefits by section 443.101 because she was discharged for “misconduct connected with . . . her work.” § 443.101(1)(a), Fla. Stat. The Bank relies on the definition of “misconduct” contained in section 443.036(29), specifically the “misconduct” described in subsection (29)(e): “violation of an employer’s rule.” The employer’s rule at issue here is contained in the Bank’s Code of Ethics Policy, particularly the sections dealing with “conflicts of interest.” Section 1....

...3d DCA 2012). Under the circumstances, the referee’s decision that the claimant was qualified for benefits because she was not discharged for misconduct connected with her work, and the RAAC’s order affirming that determination, were correct 7 applications of sections 443.036(29) and 443.101 to the uncontroverted facts....

...a scene with her supervisor, and complained to the comptroller/accounting office about her demotion. We reverse. Denial of unemployment benefits is only appropriate if the former employee has been guilty of misconduct. “Misconduct” is defined by section 443.036(26), Florida Statutes (1993) as: • ‘Misconduct’ includes, but is not limited to the following, which shall not be construed in pari materia, with each other: (a) Conduct evincing such willful or wanton disregard of an employer�...

...er. Even though an employee’s actions may be sufficient to warrant termination, he or she may still be entitled to collect unemployment insurance benefits because the conduct is not sufficiently egregious to constitute “misconduct” required by section 443.036(26)....

...ROTHENBERG, J. The issue before us is whether a single incident of wrongdoing by the appellant, Niurka C. Hernandez, which led American General Finance ("AGF") to dismiss her from her job of fourteen years, rises to the level of "misconduct" as defined in section 443.036(29), Florida Statutes (2009), and thus precludes her from receiving unemployment compensation benefits....

...a deliberate and repeated violation of her employer's policy, we reverse. Ms. Hernandez filed for unemployment compensation benefits following her dismissal in May 2009, but her claim was denied because she was dismissed for "misconduct" pursuant to section 443.036(29). Ms. Hernandez admits that in processing a $2,000 loan, she failed to obtain proper authorization from the borrower, but she contends that this was a mistake evidencing poor judgment, not misconduct under section 443.036(29), disqualifying her from receiving unemployment compensation benefits....

...Hernandez, who had worked for the company for fourteen years without incident, was discharged. We review the decision below to determine whether there is competent substantial evidence to support it. Miller v. Barnett Bank of Broward County, 650 So.2d 1089, 1090 (Fla. 3d DCA 1995). The controlling statute, section 443.036(29), defines "misconduct" as: Conduct demonstrating willful or wanton disregard of an employer's interests and found to be a deliberate violation or disregard of the standards of behavior which the employer has a right to expect of hi...

...an isolated incidence of poor judgment or ordinary negligence and misconduct that demonstrates "willful or wanton disregard of an employer's interests" or is "found to be a deliberate violation or disregard of the standards of behavior" pursuant to section 443.036(29)....

...We therefore conclude that the Unemployment Appeals Commission abused its discretion in finding that this one incident of poor judgment exercised by Ms. Hernandez over a fourteen-year history with AGF rose to the level of misconduct as contemplated in section 443.036(29). Ms. Hernandez's conduct did not demonstrate a substantial disregard of her employer's interests or manifest the "wrongful intent" or "evil design" described in section 443.036(29), and thus her actions do not justify the denial of unemployment compensation benefits....

...Judge. This is an appeal from an order of the Department of Labor and Employment Security, Division of Unemployment Compensation (The Division), adopting the special deputy’s recommendation that appellant’s salespersons are “employees” under section 443.036(17), Florida Statutes (1984)....

...They do not engage in collection activities for appellant. The salespersons are not required to attend sales meetings conducted by appellant. *1350 The special deputy found that appellant’s salespersons are “in employment” for the purposes of section 443.036(17), Florida Statutes....

...the ground that he was not “unemployed” once he began to manage his investment. An individual is “deemed ‘totally unemployed’ in any week during which he performs no services and with respect to which no earned income is payable to him.” § 443.036(32), Fla. Stat. (1995) (emphasis added). “Earned income” is defined as “gross remuneration derived from work, professional service, or self-employment but does not include income derived from invested capital or oumership of property.” *1343 § 443.036(14), Fla....

...s fired for failing to contact his employer when he was absent from work without permission for several days due to his wife’s pregnancy. Based on these facts, the referee concluded that Godoy was discharged for misconduct connected with work. See § 443.036(29), Fla....

Stores, Inc., 421 So.2d 818 (Fla. 4th DCA 1982); § 443.036(26), Fla. Stat. (1997). Affirmed.

...Smith, he was not paid for any of the time he participated in the training program. A person is “totally unemployed” under the workers’ compensation statutes in any week during which he or she performs no services and with respect to which no earned income is payable to him or her. § 443.036(39), Fla. Stat. (2001). This court has held that a claimant who actually works for a business but does not earn any income from that work is “unemployed” pursuant to section 443.036(39), and therefore remains eligible to receive unemployment benefits....

did not constitute misconduct as defined by section 443.036(29), Florida Statutes (2014), we reverse.

...nding week-long absence from work, he had not done so to the proper superior as provided by the employer’s work rules. The Unemployment Appeals Commission affirmed. As a matter of law, however, these actions do not amount to “misconduct” under section 443.036(26), Florida Statutes (1993)....

...Under the same section, “reasonable assurance” is defined as “a written or verbal agreement, an agreement between an employer and a worker understood through tradition within the trade or occupation, or an agreement defined in an employer’s policy.” § 443.036(36), Fla....

claimant’s conduct falls within the ambit of Section 443.-036(24), Florida Statutes (1983), which defines

considered “employees” within the meaning of Section 443,036(17), Florida Statutes (1981), thereby rendering

deemed “misconduct” within the meaning of section 443.036(26), Florida Statutes (1995). See Bulkan v

...In the instant case, Velazquez claimed she was only late twice while the employer testified that she was late numerous times even after being given a verbal warning. The appeals referee found the employer more credible. Velazquez’s tardiness falls within the statutory definition of misconduct as outlined in section 443.036(29), Florida Statutes (2004). Section 443.036(29) defines misconduct to include the following: (a) Conduct demonstrating willful or wanton disregard of an employer’s interests and found to be a deliberate violation or disregard of the standards of behavior which the employer ha...

PER CURIAM. We affirm the denial of unemployment benefits based on the Florida Unemployment Appeals Commission’s finding of misconduct connected with work, see § 443.036(29), Fla....

...Appellant, an employer, appeals an order of the Unemployment Appeals Commission which found an employee entitled to unemployment benefits. The Unemployment Appeals Commission reversed the appeals referee’s finding that the employee was properly discharged for misconduct. Section 443.036(24), Florida Statutes, defines “misconduct” as: (24) MISCONDUCT — “Misconduct” includes, but is not limited to, the following, which shall not be construed in pari materia with each other: (a) Conduct evincing such willful o...

County now appeals. We begin by observing that section 443.036(19), Florida Statutes (1997), contained in

...This is an appeal from an order of the Department of Labor and Employment Security, Division of Unemployment Compensation, adopting the special deputy’s recommendation that certain individuals performing piecework services for appellant are employees under section 443.036(17), Florida Statutes (1985)....

...McMillen’s intemperate remark was isolated and made when he was upset. The appeals referee concluded that Mr. McMil-len qualified for unemployment compensation benefits because Medial General had not met its burden of showing misconduct as that term is defined in the unemployment compensation statute. See § 443.036(29), Fla....

...Media General appealed to the U.A.C., which found that competent, substantial evidence supported the appeals referee’s decision. Here, Media General claims that Mr. McMillen’s single comment about a vice president was so egregious as to mandate reversal of the U.A.C.’s final order. Section 443.036(29) defines misconduct as follows: “Misconduct” includes, but is not limited to, the following, which may not be construed in pari materia with each other: (a) Conduct demonstrating willful or wanton disregard of an employer’s i...

...When the claimant refused to sign the review and corrective action plan without a reservation of rights, she was told that this action was deemed a voluntary resignation and her employment was terminated. 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)....

...sregard of an employer's interests," or "a deliberate violation or disregard of the standards of behavior which the employer has a right to expect of his or her employee," nor does it constitute "carelessness or negligence" of the degree detailed in section 443.036(29)....

...Reversed and remanded for the allowance and payment of the appellant's claim. NOTES [1] This language was used in the Commission's final order, citing Hinson Electrical Contracting Co. v. Unemployment Appeals Commission, 914 So.2d 1033 (Fla. 1st DCA 2005), and other decisions. [2] Section 443.036(29), provides that "misconduct" includes, but is not limited to: (a) Conduct demonstrating willful or wanton disregard of an employer's interests and found to be a deliberate violation or disregard of the standards of behavior which t...

...rant of unemployment benefits entitlement to appellée Steven L. Horn. We affirm because substantial, competent evidence supported the referee’s finding that no disqualifying misconduct occurred. Cases construing the definition of misconduct under section 443.036(29), Florida Statutes (2003), have held that “mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good fait...

639, 640 (Fla. 1st DCA 1999). Affirmed.3 . Section 443.036(29), Florida Statutes (2010), defines “misconduct”

...fined to include “[ejonduct *594 evincing such willfúl or wanton disregard of an employer’s . interest- as is found in deliberate violation or disregard of standards of behavior which the employer has the right to expect of his employee.... ” § 443.036(24)(a), Fla.Stat....

as to constitute “misconduct” as defined by section 443.-036(24), Florida Statutes (1983). REVERSED. UPCHURCH

...onstrate that: 1. He or she did not know, and could not reasonably know, of the rule’s requirements; 2. The rule is not lawful or not reasonably related to the job environment and performance; or 3. The rule is not fairly or consistently enforced. § 443.036(30)(e), Fla....

...ith the suspect; CIS therefore carried its burden by submitting evidence of Edwards’s rule violation. Because CIS met its burden to show misconduct (as defined in the statute), it was then incumbent upon Edwards to show one of the exceptions under section 443.036(30)(e)(l)-(3)....

...Neither subpar-agraph (2) nor (3) was addressed below. Instead, at issue in this appeal is only subparagraph (e)(1), which requires that an employee prove he did not know of the rule, and he “could not reasonably know” of the requirements of the rule. § 443.036(30)(e)(l)....

...ess or negligence to a degree or recurrence that manifests culpability, wrongful intent, 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. § 443.036(29), Fla....

...ances. Rather, the employer must prove that the employee behaved intentionally or with a degree of carelessness or negligence that manifests a wrongful intent or evil design, or otherwise acted in a way that would constitute misconduct as defined in section 443.036(29)." Yost v....

...e." Id. *698 Thomas v. United Parcel Serv., Inc., 864 So.2d 567, 569 (Fla. 2d DCA 2004). Indian Lake did not prove "willful or wanton disregard of an employer's interests" or carelessness evincing "substantial disregard of the employer's interests." § 443.036(29)(a)(b), Fla....

...Although his failure to hand every golfer a register receipt may have given the employer "good cause" to terminate his employment—a question we have not been asked to decide—this conduct neither evinced "willful or wanton disregard of an employer's interests," section 443.036(29)(a), Fla. Stat. (2008), nor amounted to "negligence to a degree or recurrence that manifests culpability, wrongful intent, or evil design." § 443.036(29)(b), Fla....

...ch may or may not have formed a basis for denial of benefits, he was rehired the following day (October 16). The appellant was then fired again, on October 22, 1997, clearly without any reason that would rise to the level of misconduct as defined in section 443.036(26), Florida Statutes (1997)....

that the strike benefits were not wages under section 443.036(33), Florida Statutes (1989). On redetermination

...rtain benefits based on his reports of reduced weekly earnings. "An individual is `partially unemployed' in any week of less than full-time work if the earned income payable to him or her for that week is less than his or her weekly benefit amount." § 443.036(43)(a), Fla....

...ny, payable to her or him for the week which is in excess of 8 times the federal hourly minimum wage." § 443.111(4)(b), Fla. Stat. (2009). "Week" means "a period of 7 consecutive days as defined in the rules of the Agency for Workforce Innovation." § 443.036(45), Fla....

PER CURIAM. Joseph Logalbo, claimant, appeals an order of the Unemployment Appeals Commission (UAC), denying him unemployment benefits. Claimant argues the UAC’s order should be reversed because he did not commit misconduct as defined by section 443.036(30), Florida Statutes (2011)....

...is actions amounted to “[cjonduct demonstrating willful or wanton disregard of an employer’s interests” and “was a deliberate violation or disregard of standards of behavior which the employer has a right to expect of his or her employee.” § 443.036(29)(a), Fla....

...it cannot be tolerated— like mutiny on the high seas. Discharge or termination should be expected and it is serious enough to disqualify a fired employee from receiving unemployment compensation. AFFIRMED. GRIFFIN and MONACO, JJ., concur. NOTES [1] § 443.036(29), Fla....

definition of unemployment looks to “earned income.” § 443.036(32), Fla. Stat. (1995). Earned income, in turn

...Further, Smith’s actions demonstrated a violation of a standard of behavior the employer had a right to expect and showed an intentional disregard of Smith’s duties and obligations to the employer. Thus the employer discharged Smith for misconduct connected with work, and she was not entitled to unemployment benefits. Section 443.036(29), Florida Statutes (2003), defines “misconduct” as: “Misconduct” includes, but is not limited to, the following, which may not be construed in pari materia with each other: (a) Conduct demonstrating willful or wanton disreg...

...ss or negligence to a degree or recurrence that manifests culpability, wrongful intent, 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." § 443.036(29)(b), Fla....

of disqualifying misconduct as defined in section 443.036(26), Florida Statutes (1997). The referee’s

...In this appeal, Nerenberg argues, as he did below, that the State of Florida should be considered as a single employing unit and that his employment with two departments within this unit should be considered continued employment for the purposes of eligibility for unemployment compensation. Nerenberg relies on section 443.036(20)(b), Florida Statutes *935 (2005), to support his contention that there was no separation when he moved between two departments within one employer unit. The Commission argues that Florida’s various state agencies are separate and distinct employers under Florida’s Unemployment Compensation law. It contends that under section 443.036(35)(a), which defines a public employer, each state agency or political subdivision is an employing unit....

...Because each state agency is a unique employer, an employee cannot transfer between different agencies. Thus, Nerenberg’s voluntary resignation from the Department of Education and his failure to earn sufficient income at the Department of Health disqualifies him from receiving unemployment compensation benefits. Subsection 443.036(20)(b) provides: Each individual performing services in this state for an employing unit maintaining at least two separate establishments in this state is deemed to be performing services for a single employing unit for the purposes of this chapter. Subsection 443.036(35) is a more specific provision addressing the question presented here....

...’s move between agencies within the federal government as a transfer. We reject Bacon as controlling authority in this appeal, which addresses employment in two state agencies. And, we conclude that the issue raised in this appeal is controlled by section 443.036(35), which defines each state agency as a separate employing unit....

...rity, Division of Unemployment Compensation [Division]. The order finds that Kirby’s telephone solicitors must be classified as employees for unemployment compensation purposes. Kirby contends that the telephone solicitors are direct sellers under section 443.036(19)(n)21, Florida Statutes (1990), which defines “direct seller” as a person: a....

...to wages paid ... for employment.” § 443.131(1), Fla.Stat. (1990). The Division rejected the argument that Kirby’s telephone solicitors were direct sellers because they did not actually sell a product as required (according to the Division) by section 443.036(19)(n)21.a. We reverse the Division’s order because applicable rules of statutory construction are at odds with the Division’s preferred interpretation. The construction of the phrase “soliciting the sale” in section 443.036(19)(n)21.a....

...aining information about the goods or services attempting to be sold. Were we to look beyond plain meaning, we would find the legislative intent and history also comport with Kirby’s position that its telephone solicitors are “direct sellers.” Section 443.036(19)(n)21 is modeled after 26 U.S.C....

...he made threats, and that he used vulgar language towards coworkers. Thus, the evidence supports the UAC’s conclusion that Kolodney’s behavior constituted a deviation “from the standards of behavior which the employer has a right to expect.” § 443.036, Fla.Stat....

employee’s duties and obligations to his employer. § 443.036(26), Fla. Stat. (1995). The testimony in this

...But she also testified neither her supervisor nor her branch manager ever told her she was excused, and she presented no written communication from the employer to that effect or any company policy stating tardiness could be excused by making up the lost time. Section 443.036(29), Florida Statutes (2009), defines misconduct sufficient to disqualify someone unemployment benefits....

PER CURIAM. We reverse the order of the Unemployment Appeals Commission denying Annette Whitaker unemployment benefits because of alleged misconduct as defined in section 443.036(24), Florida Statutes (1985)....

...Ury Kalai M.D., P.A., 480 So.2d 695 (Fla. 4th DCA 1985). Our review of the record satisfies us that Whitaker’s action of failing to follow the proper procedure for testing pizza dough was poor judgment not an intentional disregard of her employer’s interests as required by section 443.036(24)....

...Byrum appeals an order entered by the Unemployment Appeals Commission affirming an appeals referee’s *185 determination that Mr. Byrum was disqualified from receiving unemployment benefits because his excessive absences amounted to misconduct. See § 443.036(29), Fla....

...Unemployment Appeals Comm’n, 889 So.2d 933, 935 (Fla. 2d DCA 2004)). Virtom Corporation had every right to terminate Mr. Byrum’s employment under these circumstances, but the employer did not establish that Mr. Byrum’s absences amounted to misconduct under section 443.036(29)....

...Bankers Life & Cas. Co., 852 So.2d 297, 298-99 (Fla. 2d DCA 2003). In this case Referee Riggins decided that the claimant’s efforts to start up and market his business precluded a finding that he was unemployed as defined by the statute. See § 443.036(39)....

...After listening to all of the testimony and reviewing all of the evidence, the hearing examiner correctly determined that although Mitchell acted carelessly she was not guilty of - misconduct. See generally Doyle v. Florida Unemployment Appeals Comm’n, 635 So.2d 1028 (Fla. 2d DCA 1994). Section 443.036(26), Florida Statutes (1997), defines misconduct as follows: (a) Conduct evincing such willful or wanton disregard of an employer’s interests as is found in deliberate violation or disregard of standards of behavior which the employ...

...(e) A violation of an employer’s rule, unless the claimant can demonstrate that: 1. He or she did not know, and could not reasonably know, of the rule’s requirements; 2. The rule is not lawful or not reasonably related to the job environment and performance; or 3. The rule is not fairly or consistently enforced. § 443.036(30), Fla. Stat. (2011). The referee found Laneri substantially disregarded his duties and obligations to Worldwide under section 443.036(30)(b)....

...r other permanent employment. DeLisi did perform substantial services for a business that grossed $2,500 per month and from that fact alone, the Unemployment Appeals Commission determined that she was not "totally unemployed" as that term is used in section 443.036(32)(a), Florida Statutes (1993)....

PER CURIAM. Affirmed. See Madison v. Williams Island Country Club, Ltd., 606 So.2d 687 (Fla.3d DCA 1992); Barragan v. Williams Island, 568 So.2d 106 (Fla. 3d DCA 1990); § 443.036(26), Fla.Stat....

of Chapter 443, both are equally “unemployed.” § 443.036(32), Fla.Stat. (1995). As far as I can tell, there

...he has voluntarily left work without good cause ... or has been discharged by the employing unit for misconduct connected with his or her work, based on a finding by the Department of Economic Opportunity.” The term “misconduct” is defined, in section 443.036(30), as: (a) Conduct demonstrating conscious disregard of an employer’s interests and found to be a deliberate violation or disregard of the reasonable standards of behavior which the employer expects of his or her employee....

...He or she did not know, and could not reasonably know, of the rule’s requirements; 2. The rule is not lawful or not reasonably related to the job environment and performance; or 3. The rule is not fairly or consistently enforced. Subsection (e) of section 443.036 (underlined above) was added by the legislature and became effective June 27, 2011....

...� Once such a violation is established, the burden shifts to the claimant to establish he did not know the rule’s requirements, that the rule is illegal or not reasonably related to the job, or that the rule is not fairly or consistently enforced. § 443.036(30)(e), Fla....

...in the company truck and he believed the weapon *51 was in a safe place when he left it in the vehicle and kept visual contact on the vehicle while he was in the facility. . Having reviewed the record below in light of the statutory requirements of section 443.036(30), Florida Statutes (2011), we determine there is no competent substantial evidence to support the Commission’s order on the other issues....

...or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer. § 443.036(24), Fla.Stat....

...Here, identity of the thing sued for and identity of the cause of action are lacking. The issue of whether Pioneer is liable under section 40.271(3) is not identical to the finding of the Unemployment Compensation Appeals Referee that Neidhart was not discharged for misconduct, as defined in section 443.036(24), Florida Statutes (1985)....

PER CURIAM. We reverse the decision of the Special Deputy and order of the Department of Labor and Employment Security which found the claimant involved herein was an “employee” within the meaning of section 443.036(17), Fla.Stat....

...We affirm the final order disqualifying the appellant from receiving unemployment benefits where there is substantial, competent record evidence to support the determination that he failed to follow the reasonable instructions of his employer, and was thus discharged for misconduct as defined by section 443.036(29), Fla....

...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....

duties and obligations to his or her employer. § 443.036(29), Fla. Stat. (2000). Excessive, unauthorized

...ss or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer." § 443.036(26), Fla....

...rom receiving unemployment benefits. Because the UAC erred as a matter of law in affirming the decision of the appeals referee, which concluded that LaCharite’s actions constituted disqualifying misconduct connected with work within the meaning of section 443.036(29), Florida Statutes (2003), we reverse....

...udgment” rose to the level of misconduct, as defined by the statute. Under the provisions of section 443.101(l)(a), Florida Statutes (2003), an individual shall be disqualified for benefits *356 “for misconduct connected with his or her work.” Section 443.036(29), Florida Statutes (2003), defining the term “misconduct,” provides: “Misconduct” includes, but is not limited to, the following, which shall not be construed in pari materia with each other: (a) Conduct demonstrating willf...

...4th DCA 1998), citing Cooks v. Unemployment Appeals Comm’n, 670 So.2d 178 (Fla. 4th DCA 1996). Although certain actions of employees may warrant termination, they do not necessarily demonstrate the existence of disqualifying misconduct contemplated by section 443.036(29)....

...ently egregious, willful, or wanton to support a denial , of unemployment benefits. At best, her violation of company policy was an incident, of poor judgment that did not rise to a level of “misconduct,” within the meaning of the statute. See §§ 443.036(29), Fla....

Bogle, was properly discharged for misconduct. Section 443.036(26), Fla.Stat. (1993). The decision of the

...We find no error in the referee’s treatment of the draft employment agreement introduced in evidence at the hearing, and agree with the Commission that the facts found by the referee do not show disqualifying misconduct on the part of the employee. See § 443.036(26), Fla....

...ated that therapists performing services under contract for the appellant were independent contractors, as determined by the deputy, rather than employees, as held by the department. This conclusion is mandated not only by the specific provisions of section 443.036(17)(n)20., Florida Statutes (Supp.1984), 1 see Brooks v....

...State, Department of Labor & Employment Security, 466 So.2d 1275 (Fla. 3d DCA 1985); A Nu Transfer, Inc. v. Department of Labor & Employment Security, 427 So.2d 305 (Fla. 3d DCA 1983). Accordingly, the final order under review is Reversed. . Sec. 443.036(17)(n) provides: (n) Exclusions generally....

...d been stolen and replaced with a cubic zirco-nia. We reverse. While Tacher may have exhibited poor judgement, we find that the record does not contain competent substantial evidence to support a finding of “misconduct” as the term is defined in section 443.036(26), Florida Statutes (1997). See Bulkan v. Florida Unemployment Appeals Comm’n, 648 So.2d 846, 848 (Fla. 4th DCA 1995)(holding that a finding of misconduct under section 443.036(26) requires intentional repeated instances of misconduct or violations of explicit policies after the employee has received warnings)....

...Gutierrez, Assistant General Counsel, Tallahassee, for Appellees. MARSTILLER, J. At issue in this unemployment compensation appeal is whether Appellant's successive absences from work constituted misconduct sufficient to disqualify her from receiving unemployment benefits. Under section 443.036(29), Florida Statutes (2009): *704 (29) "Misconduct" includes, but is not limited to, the following, which may not be construed in pari materia with each other: (a) Conduct demonstrating willful or wanton disregard of an employer's in...

...efits because "her actions show a wanton and willful disregard of her duties and obligations to the employer." The Unemployment Appeals Commission ("Commission") affirmed the referee's decision. We find no error in the Commission's interpretation of section 443.036(29) as applied to the facts above....

...However, as the Commission properly concedes, the record does not establish that Romero made fraudulent representations prior to the benefit week ending in June 20, 2015, even though he was overpaid for that time period because he had unreported earnings that rendered him eligible for only partial benefits. See § 443.036(44)(a), Fla....

...The Commission affirmed the referee’s decision holding the claimant disqualified. The record reveals that the order of the Unemployment Appeals Commission is supported by substantial competent evidence. See Smith v. Krugmartr-Kadi, 547 So.2d 677 (Fla. 1st DCA 1989). Section 443.036 Florida Statutes (1999) provides: (29) Misconduct....

Clark an “employee” within the meaning of section 443.-036(17), Florida Statutes (1983), or an “independent

...t. However, no evidence was presented indicating that the appellant’s incompetent performance was the result of a lack of effort, any wrongful intent, a deliberate disregard of workplace rules, or an indifference to the employer’s interests. See § 443.036(29), Fla....

...The appellant was denied unemployment compensation benefits on the ground, as stated by the appeals referee, that she refused to sign a written reprimand after repeated requests. It is clear that this action does not amount to disqualifying misconduct under section 443.036(26), Florida Statutes (1995)....

...th his supervisor regarding discrepancies in the store audit. We note that the record before the appeals referee contained no evidence regarding alleged discrepancies in the audit that would constitute falsification of records or similar wrongdoing. Section 443.036(29), Florida Statutes (2001), defines the term “misconduct” for purposes of unemployment compensation....

...h her work and disqualified her for benefits. The commission affirmed. Section 443.101(l)(a), Florida Statutes (1983), provides that no unemployment benefits may be received if an employee is discharged for misconduct. “Misconduct” is defined in section 443.036(24), Florida Statutes (1983), as follows: “Misconduct” includes, but is not limited to, the following, which shall not be construed in pari materia with each other: (a) Conduct evincing such willful or wanton disregard of an emplo...

...Etienne admitted to leaving a bag of cash on a concession stand counter, it is unrebutted that the bag was left on a back counter not accessible to the public. This instance of poor judgment does not rise to the level of misconduct as that term is defined in section 443.036(29), Fla....

...3d DCA 2005) (same), we are unable to interfere with the finding below that it was disqualifying under the present statutory scheme, which expands the definition of “misconduct” to include the deliberate violation of an employer rule which has not been shown to be unreasonable or unfairly or inconsistently enforced. See § 443.036(30)(e), Fla....

...(e)A violation of an employer’s rule, unless the claimant can demonstrate that: a. He or she did not know, and could not reasonably know, of the rule’s requirements; b. The rule is not lawful or not reasonably related to the job environment and performance; or c. The rule is not fairly or consistently enforced. § 443.036(30), Fla....

...or negligence to a degree or recurrence that manifests culpability, wrongful intent, 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. § 443.036(29), Fla....

...BENTON, WETHERELL, and RAY, JJ., concur. " 'Reasonable assurance’ means a written or verbal agreement, an agreement between an employer and a worker understood through tradition within the trade or occupation, or an agreement defined in an employer's policy.” § 443.036(37), Fla....

...We affirm as we conclude that the referee’s findings are supported by competent, substantial evidence in the record. Torre challenges the appeals referee’s conclusions that her discharge was due to misconduct within the meaning of the unemployment compensation statute. Misconduct is defined in Section 443.036(29), Florida Statutes (2005), as follows: (29) “Misconduct” includes, but is not limited to, the following, which may not be construed in pari materia with each other: (a) Conduct demonstrating willful or wanton disregard of an em...

...Subsection 443.111(2)(b) provides that the award of benefits for entitled individuals shall be computed by dividing the total base period wages by the number of weeks he was paid wages for insured work. “Insured work” is defined as “employment for employers.” § 443.036(25). The statute broadly defines “employment” as “any service performed by an employee for the person employing him.” § 443.036(19)....

...y as wages for insured work, for which he is entitled to credit for wages and weeks worked. Support for claimant’s position can be found in the statutory definition of “wages.” “Wages” are defined as “all remuneration from employment.” § 443.036(33)(a). Subsection 443.036(33)(b) sets forth what the term “wages” does not include. Subsection 443.036(33)(b)3 excludes the amount of any payment on account of sickness or accident disability made by the employing unit “after the expiration of 6 calendar months following the last calendar month in which the individual performed services for such employing unit.” Because neither side has addressed the applicability of subsection 443.036(33)(b)3, we assume that this subsection does not apply to exclude earned or accrued sick leave from the term “wages.” Even if this subsection did apply to earned sick leave, the subsection allows the first six months of payments o...

...ort for claimant’s position can be found within the statutory definition of unemployment. “Unemployment” is defined as “any week during which [an employee] performs no services and with respect to which no earned income is payable to him.” § 443.036(32) (emphasis supplied)....

...According to statute, these amendments became effective on July 1, 1996. See § 443.111, Fla. Stat. (Supp.1996). . The "base period” is the one-year period consisting of the first four of the last five complete calendar quarters immediately preceding the filing of the claim. See § 443.036(5), (6), Fla....

...e of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the employer’s interests or *566 of the employee’s duties and obligations to his or her employer. § 443.036(29)(a), (b), Fla....

...Mason, 758 So.2d at 655 (citations omitted); Foote, 659 So.2d at 1233 . 1 The burden rests upon the employer to demonstrate misconduct. Crosby; Paul v. Jabil Circuit Co., 627 So.2d 545 (Fla. 2d DCA 1993). This court has consistently held that in order to establish misconduct under section 443.036(29), the employee’s action must be willful, wanton, or deliberate....

...Id. Rather, the employer must prove that the employee behaved intentionally or with a degree of carelessness or negligence that manifests a wrongful intent or evil design, or otherwise acted in a way that would constitute misconduct as defined in section 443.036(29), Florida Statutes (2015)....

Detwiler, 368 So.2d 81 (Fla. 4th DCA 1979); § 443.-036(26), Fla.Stat. (1991).

that Yanda brings the instant appeal. Under section 443.036(26), “misconduct” includes but is not limited

...“misconduct connected with her work.” If that were so, Klein could be denied unemployment compensation benefits. Section 443.101, Fla. Stat. (1989). But we are not persuaded that Klein’s actions rise to the level of “misconduct” within the intended meaning of section 443.036(26), Florida Statutes (1989), as to bar her from receiving unemployment benefits....

...The Housing Authority sought review of the appeals referee's decision from the Unemployment Appeals Commission ("UAC"), which entered an order affirming the referee's decision. We reverse. Whether an employee has committed misconduct connected with work is determined by section 443.036, Florida Statutes (2008), which provides, in pertinent part: (29) "Misconduct" includes, but is not limited to, the following, which may not be construed in pari materia with each other: (a) Conduct demonstrating willful or wanton dis...

...indicative of continued acts "demonstrating willful or wanton disregard of an employer's interests and found to be a deliberate violation or disregard of the standards of behavior which the employer has a right to expect of his or her employee." See § 443.036(29)(a), Fla....

...“Misconduct” includes, but is not limited to, “conduct demonstrating willful or wanton disregard of an employer’s interest and found to be a deliberate violation or disregard of the standards of behavior which the employer has a right to expect of his or her employee.” § 443.036(29)(a), Fla....

...ss that occurred in the six months preceding Clifton’s termination. Because the record does contain substantial competent evidence of excessive unauthorized absenteeism and Clifton was unable to rebut the presumption that this was misconduct under section 443.036(25), Florida Statutes (1987) (Tallahassee Housing Authority v....

PER CURIAM. We reverse the decision of the Unemployment Appeals Commission, which concluded, contrary to the appeals referee, that the claimant’s actions constituted misconduct connected with the work under section 443.036(26), Florida Statutes (1993)....

...We reverse the Florida Unemployment Appeals Commission’s order denying appellant unemployment benefits. We hold that the record does not support a finding of theft by appellant. The evidence demonstrates that appellant’s conduct did not rise to the level of “wilful or wanton disregard of an employer’s interests_” § 443.036(26)(a), Fla.Stat....

PER CURIAM. Affirmed. See § 443.036(30)(3), Fla....

...als referee and UAC failed to take into account certain circumstances that Florida courts have considered significant in analyzing whether the claimant's conduct met the statutory standard for misconduct. The standard for misconduct is identified in section 443.036(29), Florida Statutes....

...That section states that "misconduct" includes: Conduct demonstrating willful or wanton disregard of an employer's interests and found to be a deliberate violation or disregard of the standards of behavior which the employer has a right to expect of his or her employee. § 443.036(29), Fla....

...ng full time as a sole practitioner when his law firm earned a nominal amount of income during the relevant time period. We hold the Commission erred as a matter of law in its interpretation of the statutory definition of “totally unemployed” in section 443.036, Florida Statute, because that statute requires that a person work and receive remuneration....

...The Commission interpreted the following statutory language to disqualify Appellant: “An individual is ‘totally unemployed’ in any week during which he or she' does not perform any services and for which earned income is not payable to him or her.” § 443.036(43)(a), Fla....

...(emphasis added). “Earned income” is defined as “gross remuneration derived from work, professional service, or self-employment ... [including] commissions, bonuses, ... and the cash value of all remuneration paid in a medium other that cash.” § 443.036(16), Fla....

...In this unemployment compensation appeal, Appellant challenges the Unemployment Appeals Commission's order denying benefits. An appeals referee originally awarded benefits, determining Appellant's failure to pass a necessary certification exam did not rise to the level of disqualifying misconduct defined in section 443.036(29)(a), Florida Statutes (2009)....

...Contrary to the conclusion reached below, we find that these actions — from which King did not benefit and his employer Walgreen did not suffer, and which had been the occasion of no previous warning or reprimand — as a matter of law did not amount to disqualifying “misconduct.” § 443.036(26), Fla.Stat....

...to be set off from a plaintiff’s recovery.” Coop. Leasing, Inc. v. Johnson, 872 So. 2d 956, 959 (Fla. 2d DCA 2004) (citing § 768.76, Fla. Stat. (1997)). The collateral source statute provides: 3 Unemployment compensation has been renamed “reemployment assistance.” § 443.036(38), Fla....

...the person seeking reemployment assistance must be “able to work and is available for work.” § 443.091(1)(d), Fla. Stat. (2012). “Able to work” is defined as “physically and mentally capable of performing the duties of the occupation in which work is being sought.” § 443.036(1), Fla....

...a personal injury or sickness.” Unemployment compensation would not fall under this section as it does not involve sickness or injury. See § 443.091(1)(d), Fla. Stat. In fact, the person seeking unemployment compensation must be physically able to work. See § 443.036(1), Fla....

...Although the initial charge was not supported by proof, the appellant was found guilty of misconduct by excessive absenteeism. Upon a review of the record, we find an absence of substantial competent evidence to support the finding of excessive absenteeism as defined in section 443.036(24), Florida Statutes....

PER CURIAM. Affirmed. § 443.036(26), Fla.Stat....

SHARP, W., J. Robinson appeals from the decision of the Unemployment Appeals Commission, which affirmed the appeals referee’s determination that Robinson was disqualified from receiving unemployment benefits pursuant to section 443.036, Florida Statutes, after being terminated by his employer, Florida Hospital....