Hernandez v. Reemployment Assistance Appeals Commission

Appellant, Victor Hernandez (“Hernandez”), appeals a decision from the Reemployment Assistance Appeals 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.

I. 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…