Legal Opinion · Dissent

Querol v. Unidel Corp.

District Court of Appeal of Florida

Decided July 7, 1999No. 98-2826Published

1DissentCope, J.

The referee denied the employee unemployment compensation benefits, on the theory that his departure from work without proper permission constituted disqualifying “misconduct” as defined in subsection 448.036(26), Florida Statutes (1997).

The disqualification order is not in accordance with established law, and should be reversed. There is no evidence that, after the employee’s previous unauthorized absence, he was warned that a further absence would subject him to discharge. This court has said, “There are a number of cases favorable to claimants in their quest to seek unemployment…

2Cases cited3 opinions

  1. Barragan v. Williams IslandDistrict Court of Appeal of Florida · 1990
  2. Washington v. BurdinesDistrict Court of Appeal of Florida · 1982
  3. Ladson v. FLA. UNEMP. APPEALS COMM.District Court of Appeal of Florida · 1989

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