[Download] "Principe O. Zorrilla v. L. Luria and Son" by Third District Court of Appeal of Florida # eBook PDF Kindle ePub Free
eBook details
- Title: Principe O. Zorrilla v. L. Luria and Son
- Author : Third District Court of Appeal of Florida
- Release Date : January 23, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
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SCHWARTZ, Chief Judge. The appellant was employed as a sales person in the jewelry department of a retail store. He was fired because he contumaciously
refused to follow his supervisor's instruction that he wear a jacket on the job, even after he was repeatedly admonished to
do so and was warned that he would be discharged if he did not. He now seeks review of a determination denying him unemployment
compensation benefits on the ground that he was discharged for "misconduct." § 443.036(26), Fla. Stat. (1993). We affirm.
In our view, Zorilla's consistent refusal to abide by his employer's appropriate instructions was properly found "in deliberate
violation or disregard of standards of behavior which the employer had the right to expect. . . ." § 443.036(26)(a), Fla.
Stat. (1993). See Rubido v. Brinks, Inc., 601 So.2d 1298 (Fla. 3d DCA 1992) (deliberate violation of company rules deemed
misconduct); National Ins. Servs. Inc. v. Florida Unemployment Appeals Comm'n, 495 So.2d 244 (Fla. 2d DCA 1986)(same). The
employee's deliberate violation of the supervisor's repeated warnings clearly distinguishes his case from many recent others
in which we have held that a first-time, usually trivial violation of a company policy was not misconduct. See Tanav v. DHL,
639 So.2d 1053 (Fla. 3d DCA 1994), and cases cited.