861 So. 2d 525

Francis A. HERNANDEZ, Appellant, v. FLORIDA ORTHOPEDICS INC., and Florida Unemployment Appeals Commission, Appellee.

No. 3D03-475.

District Court of Appeal of Florida, Third District.

Dec. 24, 2003.

Silverio & Hall, Naples, and Francis X. Sexton, Jr., for appellant.

John D. Maher (Tallahassee), for Unemployment Appeals Commission.

*526Before SCHWARTZ, C.J., and GERSTEN and GODERICH, JJ.

PER CURIAM.

Francis Hernandez (“Hernandez”) appeals a Florida Unemployment Appeals Commission’s affirmance of an appeals referee’s decision ’denying Hernandez unemployment benefits. The basis for the denial of benefits was “misconduct” connected to work. See § 443.036(29), Fla. Stat. (2002). Accepting the findings of fact made by the appeals referee, we conclude although Hernandez’s tardiness in reporting to work on several occasions was “more than sufficient cause to justify his termination from his job, it clearly does not rise to the level of ‘misconduct’ necessary so as to deprive him of unemployment benefits.” See Santiago v. Home Depot USA, Inc., 716 So.2d 350 (Fla. 3d DCA 1998).

Accordingly, we reverse the order below.

Hernandez v. Florida Orthopedics Inc.
861 So. 2d 525

Case Details

Name
Hernandez v. Florida Orthopedics Inc.
Decision Date
Dec 24, 2003
Citations

861 So. 2d 525

Jurisdiction
Florida

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