Hernandez v. Am. Gen. Finance
Decision Date | 07 July 2010 |
Docket Number | No. 3D09-3326.,3D09-3326. |
Citation | 39 So.3d 476 |
Parties | Niurka C. HERNANDEZ, Appellant,v.AMERICAN GENERAL FINANCE and Florida Unemployment Appeals Commission, Appellees. |
Court | Florida District Court of Appeals |
Niurka C. Hernandez, in proper person; Santiago J. Padilla, Miami, for appellant.
Louis A. Gutierrez, Senior Attorney, and M. Elaine Howard, Tallahassee, for appellee, Florida Unemployment Appeals Commission.
Before RAMIREZ, C.J., and COPE and ROTHENBERG, JJ.
The issue before us is whether a single incident of wrongdoing by the appellant, Niurka C. Hernandez, which led American General Finance (“AGF”) to dismiss her from her job of fourteen years, rises to the level of “misconduct” as defined in section 443.036(29), Florida Statutes (2009), and thus precludes her from receiving unemployment compensation benefits. Because we find that the incident was isolated and a result of poor judgment, rather than a deliberate and repeated violation of her employer's policy, we reverse.
Ms. Hernandez filed for unemployment compensation benefits following her dismissal in May 2009, but her claim was denied because she was dismissed for “misconduct” pursuant to section 443.036(29). Ms. Hernandez admits that in processing a $2,000 loan, she failed to obtain proper authorization from the borrower, but she contends that this was a mistake evidencing poor judgment, not misconduct under section 443.036(29), disqualifying her from receiving unemployment compensation benefits.
The undisputed evidence is that prior to the incident which resulted in Ms. Hernandez's discharge from AGF, she processed a loan for a customer (“the borrower”) in 2007. When Ms. Hernandez processed this loan, the borrower explained to her that the loan was being taken out for the benefit of a third party, Maria Lamous, who had accompanied the borrower and was present when the borrower submitted his application for the loan. That loan was correctly processed by Ms. Hernandez and there is no evidence in the record to suggest that the borrower has not made his payments on this loan. Some time thereafter, Ms. Lamous asked Ms. Hernandez to increase the loan by $2,000 and she told Ms. Hernandez that the borrower had agreed to the increase. Without verifying that the borrower had in fact agreed to the increase, and without obtaining the requisite written approval from the borrower for the increase in the loan, Ms. Hernandez approved the loan increase. Prior to any disbursement of the additional loan proceeds, the error was discovered and Ms. Hernandez, who had worked for the company for fourteen years without incident, was discharged.
We review the decision below to determine whether there is competent substantial evidence to support it. Miller v. Barnett Bank of Broward County, 650 So.2d 1089, 1090 (Fla. 3d DCA 1995). The controlling statute, section 443.036(29), defines “misconduct” as:
We begin our analysis by recognizing that while findings that support claims of “misconduct” generally involve repeated acts, under Florida law, “repeated acts in violation of company policy are not necessary to constitute misconduct” within chapter 443. Ford v. Se. Atl. Corp., 588 So.2d 1039, 1041 (Fla. 1st DCA 1991) ( ); see also Sears, Roebuck & Co. v. Unemployment Appeals Comm'n, 463 So.2d 465, 466 (Fla. 2d DCA 1985) ( ); Rosa v. Jefferson's Stores, Inc., 421 So.2d 818 (Fla. 4th DCA 1982) ( ).
Nonetheless, Florida courts-and this Court in particular-have drawn a distinction between an isolated incidence of poor judgment or ordinary negligence and misconduct that demonstrates “willful or wanton disregard of an employer's interests” or is “found to be a deliberate violation or disregard of the standards of behavior” pursuant to section 443.036(29). Grossman v. J.C. Penney Co.2071, 689 So.2d 1206, 1207 (Fla. 3d DCA 1997) ( ); see also Galletti v. Piedmont Airlines, Inc., 652 So.2d 408, 408 (Fla. 3d DCA 1995) ...
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