Legal Opinion · Dissent

Valparaiso Bank & Trust Co. v. Florida Department of Labor & Employment Security, Division of Employment Security

District Court of Appeal of Florida

Decided October 25, 1979No. MM-304Published

1DissentBooth, Judge

The question presented here is whether the employee was discharged “for misconduct” connected with her work and therefore ineligible under Florida Statute § 443.-06(1) for unemployment compensation benefits. I would reverse the order of the unemployment appeals commission and hold that the claimant is disqualified under the amendment to the statute effective July 1, 1977, wherein the legislature provided [§ 443.06(9)]:

“For the purposes of this section, misconduct includes, but is not limited to, . carelessness or negligence or such a degree or recurrence as to . . show an intentional 'and…

2Cases cited3 opinions

  1. Spaulding v. Florida Industrial CommissionDistrict Court of Appeal of Florida · 1963
  2. Swope v. Florida Indus. Com'n Unemp. Comp. Bd. of Rev.District Court of Appeal of Florida · 1963
  3. Earp v. Florida Department of Commerce Industrial Relations CommissionDistrict Court of Appeal of Florida · 1970

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