Legal Opinion

Lewis v. Florida Unemployment Appeals Commission

District Court of Appeal of Florida

Decided April 15, 2011No. 1D10-1142Published

1Per curiam

Appellant, Fela Lewis, challenges the Unemployment Appeals Commission’s af-firmance of the appeals referee’s determination that Appellant was not entitled to unemployment benefits because he was discharged for misconduct connected with work. Absenteeism can rise to the level of misconduct where there is evidence of excessive and unauthorized absenteeism. Mason v. Load King Mfg. Co., 758 So.2d 649, 654 (Fla.2000). In order for an employer to prove excessive, unauthorized absenteeism, the employer must establish a serious and identifiable pattern of absenteeism that is willful. Hamilton v.…

2Cases cited2 opinions

  1. Mason v. Load King Mfg. Co.Supreme Court of Florida · 2000
  2. Hamilton v. Unemployment Appeals CommissionDistrict Court of Appeal of Florida · 2004

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