Angert v. Joseph Cory Delivery Service of Florida Inc.

MAY, MELANIE G.,

Associate Judge, dissenting.

From the majority’s holding that a single, isolated act of neglect constitutes “misconduct” sufficient to deny unemployment benefits, I must respectfully dissent. This is not a case of conflicting facts or credibility determinations; this is simply a case applying legal principles and I cannot agree with the application by the referee, the commission, and the majority in this case.

The undisputed facts revealed that the claimant walked through a non-smoking area en route to his work area with a lit cigarette in hand. He admitted knowledge of the…