Unemployment Compensation Claims
Anyone who has been employed in Florida in the last Eighteen (18) months and is currently unemployed, or partially unemployed, can file a claim for unemployment compensation, subject to: (a) whether the employee has had sufficient work and earnings in Florida to establish an eligible claim; and (b) the reason why the employee no longer works for their last employer, and possibly the next to the last employer.
As a rule, unemployment compensation is a remedial benefit that all employees in Florida are entitled to unless the employee:
(i) voluntarily left his/her employment without good cause attributable to their employer; or
(ii) was discharged for “misconduct” connected with their work.
“Misconduct” is generally defined under Florida law to apply to only the most reckless and egregious violations of work rules such that although many acts of employees are sufficient to warrant the termination of their employment, those same acts do not always constitute “misconduct” which should exclude an employee from receiving unemployment compensation benefits. For example, Florida law generally holds that inefficiency, unsatisfactory job performance, inability, inadvertence, and ordinary negligence do not constitute “misconduct” connected with one’s work for purposes of unemployment claims and appeals. Similarly, Florida Courts have held that poor judgment that causes the employer to lose money, or a single isolated act of negligence, does not constitute misconduct within the meaning of the unemployment law. Rather, to be excluded from unemployment compensation in Florida, employers must typically prove that an employee willfully chose to violate his or her fundamental obligation to an employer to come to work and carry out his or her assigned duties.”
The Shavitz Law Group, P.A. sometimes represents employees directly in unemployment compensation appeals, and in other instances the firm will work with you to try and determine if a referral attorney who specializes in unemployment appeals can best serve you. If you have a question about your right to unemployment compensation in Florida, contact us today to learn how we may be able to assist you.