NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING 
MOTION AND, IF FILED, DETERMINED. 
IN THE DISTRICT COURT OF APPEAL 
OF FLORIDA 
SECOND DISTRICT 
MALIBU LEITH, )
) 
Appellant, )
) 
v. ) Case No. 2D03-3934 
) 
UNEMPLOYMENT APPEALS ) 
COMMISSION and NEW CENTURY ) 
SPORTS INC., )
) 
Appellees. ) 
) 
Opinion filed October 29, 2004. 
Appeal from Unemployment 
Appeals Commission. 
Joel S. Treuhaft of Treuhaft Law 
Group, P.A., Tampa, for 
Appellant. 
John D. Maher, Deputy General 
Counsel, Attorney for Appellee 
Unemployment Appeals Commission. 
No appearance for Appellee New 
Century Sports Inc. 
WHATLEY, Judge. 

Malibu Leith appeals an order of the Unemployment Appeals Commission 
(UAC) affirming a decision of the appeals referee. The referee found that Leith was
disqualified from receiving benefits due to misconduct connected with work. We 
conclude that Leith’s conduct at issue was an isolated incident that did not amount to 
misconduct and reverse. 

Misconduct is the willful or wanton disregard of an employer's interest, 
such as a deliberate violation or disregard of standards of behavior which the employer 
has the right to expect, or “carelessness or negligence of such a degree or recurrence 
as to manifest culpability, wrongful intent, or evil design or to show an intentional and 
substantial disregard of the employer's interests or of the employee's duties and 
obligations to his or her employer.” § 443.036(29), Fla. Stat. (2002). "In determining 
whether misconduct has occurred which would disqualify a claimant from receiving 
unemployment benefits, the statute should be liberally construed in favor of the 
claimant." Donnell v. Univ. Cmty. Hosp., 705 So. 2d 1031, 1032 (Fla. 2d DCA 1998). 

Misconduct usually involves repeated violations of explicit policies after several 
warnings. Bulkan v. Fla. Unemployment Appeals Comm’n, 648 So. 2d 846 (Fla. 4th 
DCA 1995). See Johnson v. Fla. Unemployment Appeals Comm’n, 513 So. 2d 1098, 
1099 (Fla. 3d DCA 1987) (holding that "a single negligent failure to ring up a sale cannot 
support a finding that the employee was guilty of misconduct . . . ."). 

In Smith v. Krugman-Kadi, 547 So. 2d 677 (Fla. 1st DCA 1989), the 
employee failed to follow office policy by disclosing a confidential memorandum, by 
adjusting a time card to account for lunch, and by helping to determine the overtime 
hours of another employee. The First District held that the conduct was not willful or 
wanton, reasoning that the conduct did not involve an open refusal to perform, a flouting
of authority, or a repeated failure to follow an employer's instructions, which may usually 
be found in cases of misconduct. Id. at 679. 

In the present case, David Jackson, the president of New Century, 
testified that his company had a policy that employees were not to follow shoplifters out 
of the store. He testified that he informed employees, including Leith, of this policy 
during two meetings.1 However, the store policies were not in writing. Regarding the 
incident which led to Leith’s dismissal, Leith testified that a shopper looked suspicious 
because he was wearing several layers of clothing. Leith asked him to leave, but the 
man refused. Leith testified that, although the suspect appeared to understand him, he 
would not speak. When Leith began to call 911, the suspect indicated that he wanted to 
write something to Leith. Leith gave him a scrap piece of paper and the suspect wrote 
that he was looking for a white jogging suit. Leith then permitted him to shop in the 
store but continued to watch him. When the man started to leave the store, Leith asked 
for the piece of paper, but the suspect refused to give it to him. Leith explained that the 
paper was important because it had notes from Jackson regarding how to run the store 
while he was on vacation and phone numbers, and Leith needed it “in order to do 
business in the store.” Leith testified that he followed the suspect outside and continued 
to ask for the paper. When Leith attempted to grab the paper from the man’s hand, he 
tackled Leith. Jackson testified that he was not present during the altercation but he 
watched a store video of the incident. He could not determine if Leith was defending 
himself from the suspect.

We conclude that even if Leith’s conduct in following the suspect out of the 
store and attempting to retrieve the paper was a failure to follow the employer’s 
instructions, it was an isolated incident. There was no allegation that Leith had ever 
violated this policy in the past. His conduct did not involve an open refusal to perform, a 
flouting of authority, or a repeated failure to follow his employer's instructions. See 
Smith, 547 So. 2d at 679. Therefore, Leith’s conduct did not constitute misconduct 
connected with work, and the UAC erred in affirming the referee’s determination. 

Accordingly, we reverse the order of the UAC and remand with directions 
to award Leith unemployment compensation benefits. 

ALTENBERND, C.J., and CANADY, J., Concur.