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Unemployment Appeals Referee Awards Benefits to Employee Allegedly Fired for Misconduct

Under Florida law an employee who is discharged will qualify for unemployment benefits unless the discharge was because of the employee's "willful misconduct."  The definition of misconduct was substantially broadened by the Florida legislature in 2014, see §443.036(29), Florida Statutes.  Nonetheless the burden remains on the employer to show it fired the employee because of a "deliberate violation or disregard of the reasonable standards of behavior which the employer expects." In a recent the claimant had a panic attack at work.  She testified that she temporarily blacked out and could not recall her actions.  Co-workers later told her about her erratic behavior during the panic attack, for which the employer sent her home and, two weeks later, fired the claimant.


The Florida Reemployment Assistance Program initially found that the claimant was disqualified from receiving unemployment compensation because of her misconduct.  She appealed this determination.  Following an evidentiary hearing the referee reversed the decision because "the behavior of the claimant, as described by the claimant, did not meet the statutory definition of misconduct.  The claimant is thus not subject to disqualification."

The decision was entered on October 10, 2016, by the Office of Appeals, Reemployment Assistance Program, Department of Economic Opportunity.  

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