Legal Opinion
Hernandez v. AMERICAN GENERAL FINANCE
District Court of Appeal of Florida
Decided July 7, 2010No. 3D09-3326PublishedCited by 3 opinions
1Opinion of the CourtRothenberg, J.
The issue before us is whether a single incident of wrongdoing by the appellant, Niurka C. Hernandez, which led American General Finance (“AGF”) to dismiss her from her job of fourteen years, rises to the level of “misconduct” as defined in section 443.036(29), Florida Statutes (2009), and thus precludes her from receiving unemployment compensation benefits. Because we find that the incident was isolated and a result of poor judgment, rather than a deliberate and repeated violation of her employer’s policy, we reverse.
Ms. Hernandez filed for unemployment compensation benefits following her…
2Cases cited11 opinions
- Ford v. Southeast Atlantic Corp.District Court of Appeal of Florida · 1991
- Bulkan v. FLA. UNEMPLOYMENT APPEALSDistrict Court of Appeal of Florida · 1995
- Betancourt v. Sun Bank Miami, NADistrict Court of Appeal of Florida · 1996
- Cooks v. UNEMPLOYMENT APPEALS COM'NDistrict Court of Appeal of Florida · 1996
- Grossman v. JC PENNEY CO. 2071District Court of Appeal of Florida · 1997
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3Cited by3 opinions
- Crespo v. Florida Reemployment Assistance Appeals CommissionDistrict Court of Appeal of Florida · 2012
- Flint v. Florida Unemployment Appeals CommissionDistrict Court of Appeal of Florida · 2012
- Alvarez v. Reemployment Assistance Appeals CommissionDistrict Court of Appeal of Florida · 2013