Mid-Florida Freezer Warehouses, Ltd. v. Unemployment Appeals Commission

The employer, Mid-Florida Freezer Warehouses, Ltd., challenges an award of unemployment benefits to its former employee, Dale McNeely. The employer maintains that McNeely was properly terminated for misconduct and that the appeals referee erred as a matter of law in failing to consider documentary evidence of McNeefys excessive absences and tardiness. We agree and reverse.

McNeely began working for the employer as a warehouse dock supervisor in 2000. He was terminated from employment in November 2008 for excessive absenteeism and tardiness. After his initial application for unemployment…