Foote v. Unemployment Appeals Commission

In Foote v. Unemployment Appeals Commission, 659 So. 2d 1232 (Fla. 5th DCA 1995), the claimant took a three-day absence from his job to attend to a legitimate family emergency. In reversing the UAC's denial of benefits, the fifth district found that the claimant's absence did not constitute misconduct: Had Foote defied his employer's orders by being absent for a family emergency, this outcome might be different. However here, Foote made diligent efforts to contact his supervisors and to keep them apprised of his situation. It was undisputed that no one indicated to Foote that his three days off for a family emergency constituted a problem. In fact, Foote was told that someone could be brought in to cover for him if need be and that he could take a whole week off if necessary. Under these circumstances, Foote's absences should not constitute misconduct. 659 So. 2d at 1233-34.