IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA 
FIFTH DISTRICT JANUARY TERM 2005 
ALBERT ROBINSON, 
Appellant, 
v. Case No. 5D04-582 
UNEMPLOYMENT APPEALS 
COMMISSION, et al. 
Appellees. 
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Opinion filed April 1, 2005 
Administrative Appeal from the 
Unemployment Appeals Commission. 
Albert Robinson, Orlando, pro se. 
Brian J. Moran, of Moran & Shams, 
Orlando, for Appellee Florida Sanitarium & 
Florida Hospital. 
John W. Kunberger, Tallahassee, for 
Appellee Unemployment Appeals 
Commission. 
SHARP, W., J. 

Robinson appeals from the decision of the Unemployment Appeals Commission, 
which affirmed the appeals referee’s determination that Robinson was disqualified from 
receiving unemployment benefits pursuant to section 443.036, Florida Statutes, after 
being terminated by his employer, Florida Hospital. To properly deny unemployment 
compensation, the discharged employee’s conduct must not only rise to misconduct to 
justify termination,1 it must be willful, wanton and deliberate, and it must be established 
by competent, substantial evidence.2 We affirm. 

In this case, Robinson was terminated after he threatened to kill a co-worker and 
called him a “nigger.” This behavior violated Florida Hospital’s Rules of Conduct 
(Rules), which specifically prohibits fighting, threatening, intimidating, attempting bodily 
harm or injury, or interfering with another person. It is grounds under the Rules for 
immediate discharge. Prior to terminating Robinson, his employer conducted an 
investigation of the incident. 

The appeals referee conducted a hearing and both sides presented testimony 
and evidence. Robinson denied having made the threat and the employee testified he 
did. The referee expressly stated the threatened employee was credible and found that 
Robinson, without provocation, threatened to kill a fellow employee and used a 
degrading racial epithet. Credibility of witnesses is in the lap of the factfinder. Neither 
the Commission nor this court can over-turn such a fact finding when supported by 
competent, substantial evidence.3 

Given that Robinson made such a threat, it clearly constitutes employmentrelated 
misconduct which disentitles him to unemployment benefits. Henry v. Cordis 
Corporation, 626 So. 2d 1029 (Fla. 3d DCA 1993). 

AFFIRMED. 
PLEUS and TORPY, JJ., concur.