Pereira v. Unemployment Appeals Commission

We reverse the denial to the appellant of unemployment compensation benefits due to misconduct. The record reflects unsatisfactory performance by the appellant including repeated instances of ineptitude which clearly warranted her discharge from employment. 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. Stat. Absent such evidence, the appellant’s unsatisfactory job performance did…