03-0811 J. RODRIGUEZ V. WAL-MART

State: Florida

Court: Florida Third District Court

Docket No: 03-0811 J. RODRIGUEZ V. WAL-MART

Case Date: 01/21/2004

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2004

JORGE L. RODRIGUEZ, Appellant, vs. WAL-MART ASSOCIATES, INC., and FLORIDA UNEMPLOYMENT APPEALS COMMISSION, Appellees.

** ** ** ** ** ** LOWER TRIBUNAL NO. 02-77040 CASE NO. 3D03-811

Opinion filed January 21, 2004. An appeal from the Florida Unemployment Appeals Commission. Jorge L. Rodriguez, in proper person. John D. Maher (Tallahassee), Deputy General Counsel, for appellee Commission. Before SCHWARTZ, C.J., and COPE and WELLS, JJ. PER CURIAM. Jorge L. Rodriguez appeals an order denying unemployment benefits. We conclude that disqualifying misconduct was not

demonstrated and reverse the order now before us. In August of 2000, the appellant-employee was counseled for making personal calls on company time. In September, the employee

was counseled for failing to enter certain optical prescriptions in the computer, rather than handwriting the prescriptions. He also

failed to collect remaining balances on lay-away purchases of eyeglasses. deteriorating counseling. "In defining misconduct, courts are required to liberally construe the [unemployment compensation] statute in favor of the employee." Mason v. Load King Manufacturing, Mfg. Co., 758 So. 2d In job October the employee after was discharged for

performance

the

above

referenced

649, 654 (Fla. 2000) (citations omitted);

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