Gomez v. American Bankers Life Assurance Co. of Florida

SHEVIN, Judge.

Irving Gomez appeals an order of the Unemployment Appeals Commission affirming the denial of benefits. We reverse. The record shows that Gomez sent an unauthorized innocuous e-mail to a coworker; this isolated incident of poor judgment is insufficient to establish misconduct and justify the denial of benefits. See Vega v. Florida Unemployment Appeals, 833 So.2d 310 (Fla. 3d DCA 2003)(employ-ee’s isolated act of misjudgment does not constitute misconduct justifying denial of benefits); Gonzalez v. Florida Unemployment Appeals Comm’n, 752 So.2d 726 (Fla. 3d DCA 2000)(same);…