Legal Opinion

Torres Electrical Supply v. Horn

District Court of Appeal of Florida

Decided January 12, 2005No. 4D04-269Published

1Opinion of the CourtGross, J.

The employer, Torres Electrical Supply, appeals a final order of the Unemployment Appeals Commission that affirms a referee’s grant 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…

2Cases cited4 opinions

  1. Cooks v. UNEMPLOYMENT APPEALS COM'NDistrict Court of Appeal of Florida · 1996
  2. San Roman v. Unemployment Appeals Com'nDistrict Court of Appeal of Florida · 1998
  3. McKinney v. US Sugar Corp.District Court of Appeal of Florida · 1986
  4. Lucido v. State, Unemployment Appeals Com'nDistrict Court of Appeal of Florida · 2003

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