Hoyos v. Wal-Mart Associates Inc.

NESBITT, Senior Judge.

A former Wal-Mart employee appeals a Florida Unemployment Appeals Commission affirmance of an appeals referee’s determination that claimant had been discharged for “misconduct” connected with work by reason of excessive absenteeism. We reverse because the record shows the appeals referee’s determination is not supported by competent substantial evidence, and the employer did not carry its burden of proving misconduct.

After the employee’s termination, the claims and benefits adjuster originally determined that:

The claimant was discharged for absenteeism, which was due to…