Legal Question in Employment Law in Florida

Company denying my discharge-say that I resigned

I have several problems with my past employer. I was discharged after expressing concern regarding my position requiring sales, which I was not hired to do. My employer stated he would help me and fix the problem so I felt comfortable with my work because I was willing to try sales, the next week I was fired. I had never had any warnings or problems.

He now states that I resigned because I was unhappy. Because I was out more days than allowed, he wants me to pay him for the days I was out. Though I worked overtime in the spring and never paid for since I was considered salary.

Upon being hired, I was never given a company policy book nor gone over any policies. I had no idea how many days off I had. I was never trained for my position as I was told I would be and took on other duties due to lack of employees.

He also wants me to pay for the termination of my cell phone contract that he supplied me with. I returned his phone, but never cancelled service since I wasn't authorized to.

Can he do this? What can I do since nothing has ever been put in writing?

There's many details I can go over in person or over the phone if you think anything can be done.

Please help!

Thank you


Asked on 11/06/04, 8:50 pm

2 Answers from Attorneys
Moses Williams Moses E. Williams, Attorney at Law

Re: Company denying my discharge-say that I resigned

If you are denied, unemployment compensation you need to file a request for hearing. The denial letter will give you instructions where to send your hearing request. I am available to consult and assist you with case.

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Answered on 11/08/04, 9:46 am
Bonita Riggens Law Office of Bonita M. Riggens

Re: Company denying my discharge-say that I resigned

Because your former employer says you resigned instead of being discharged, your former empolyer may be trying to deprive you of your right to unemployment compensation. If you have not applied for unemployment comp., do so immediately. Also, just because your former employer says you were paid on "salary" does not mean you were not entitled to overtime pay. You should consult with an employment attorney to determine this asap.

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Answered on 11/06/04, 10:43 pm


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