80 So. 3d 461
Fla. Dist. Ct. App.2012Background
- Guilmette, a route delivery driver, was employed by Peace River Distributing for about 30 months before termination for misconduct.
- The alleged misconduct was a positive result on a random drug test for marijuana, under the employer's drug-free workplace policy.
- The policy was communicated to employees at hire and via the employee handbook; Guilmette was aware of it.
- At the telephonic hearing, only an employer representative and Guilmette testified; no test results or chain-of-custody documentation were introduced at that hearing.
- The referee found Guilmette admitted to failing the drug test and that the employer’s evidence, viewed with his admission, supported misconduct.
- FUAC reversed the referee, concluding Guilmette did not admit guilt and that the referee failed to explore crucial questions about use, timing, and intoxication at work.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May FUAC reweigh the evidence and substitute its own findings? | Guilmette: FUAC reweighed and substituted its own findings. | Guilmette: FUAC properly reviewed the referee's findings. | Yes; FUAC impermissibly reweighed evidence and substituted its own findings. |
| Was the referee's finding of misconduct supported by competent substantial evidence? | Guilmette: referee's finding based on admission and testimony; adequate to prove misconduct. | Guilmette: lack of explicit admission and incomplete record undermines the finding. | Referee's evidence-supported finding stands; the commission erred by reweighing. |
Key Cases Cited
- Coastline Fed. Credit Union v. Fla. Unemployment Appeals Comm'n, 72 So. 3d 318 (Fla. 1st DCA 2011) (unemployment appeals review cannot reweigh evidence)
- Watson v. Summit Asset Mgt., LLC, 22 So. 3d 145 (Fla. 4th DCA 2009) (principle against reweighing evidence)
- Szniatkiewicz v. Unemployment Appeals Comm'n, 864 So. 2d 498 (Fla. 4th DCA 2004) (limits on appellate substitution of findings)
- Mohammed v. Fla. Unemployment Appeals Comm'n, 847 So. 2d 566 (Fla. 3d DCA 2003) (review standards for referee credibility)
- Grossman v. Jewish Cmty. Ctr. of Greater Ft. Lauderdale, 704 So. 2d 714 (Fla. 4th DCA 1998) (credibility and findings of referee controlled by substantial evidence)
- Tourte v. Oriole of Naples, Inc., 696 So. 2d 1283 (Fla. 2d DCA 1997) (proper role of referee as trier of fact)
- Kriston v. Fla. Unemployment Appeals Comm'n, 693 So. 2d 689 (Fla. 2d DCA 1997) (unemployment review limits on reweighing)
- Morrison v. Newport Wholesalers, Inc., 738 So. 2d 1037 (Fla. 3d DCA 1999) (credibility of witnesses within referee's province)