Let's look at the level of misconduct required to be denied unemployment benefits.
Employees justly terminated from their jobs may nevertheless be entitled to receive unemployment compensation benefits. Although an employee's actions may justify discharge, the same conduct does not necessarily preclude entitlement to unemployment benefits. Betancourt v. Sun Bank Miami, N.A., 672 So. 2d 37 (Fla. 3rd DCA 1996).
For Unemployment Compensation benefits to be denied, an employee's behavior must rise to the level of "misconduct," defined as acting willfully, wantonly, or be in substantial disregard of the employer's interest. See §§ 443.036(29), and 443.101, Fla. Stat.
An isolated incident of poor judgment does not rise to that level. See McKnight v. Florida Unemployment Appeals Comm'n, 713 So. 2d 1080 (Fla. 1st DCA 1998); Betancourt, Bulkan v. Florida Unemployment Appeals Comm'n, 648 So. 2d 846 (Fla. 4th DCA 1995); Smith v. Krugman-Kadi, 547 So. 2d 677 (Fla. 1st DCA 1989), review denied, 558 So. 2d 20 (Fla. 1990); and Erber v. Federal Express Corp., 409 So. 2d 522 (Fla. 5th DCA 1982).
In Florida, an isolated incident or, sadly, no incident at all may lead to the lawful termination of an employee, as Florida is an at-will state.
The above reasons, however, do not constitute grounds to prevent a terminated employee from receiving Unemployment Compensation benefits.
