Legal Question in Employment Law in Florida
Unemployment benefits despite evidence it is not deserved?
Fired employee after 5 yrs recently. Hired as general clerk and moved
her to higher salary and different capacity 2 yrs later. Realized this year
she was way behind in duties, costing me thousands of dollars-have
documentation- yet she never uttered a word to me about this. Found out
how truly far behind she was after hiring part-timer to help her out. With part
timer on board, she became slower (can also verify this) probably because she
knew she didn't have work so hard. Months ago I told her no more overtime
(she had been averaging about 10 hrs/wk for 2 yrs, but that was
when I thought she was keeping current!), yet she never followed that order.
Told her she must take an unpaid 30 min lunch, which she didn't do. But
found out she was sometimes eating without clocking out (from another
employee - is this heresay, even if other person testifies?). Toward ''the end''
I realized she was constantly criticizing me, my office policy, talking endlessly
on her cell phone while on the clock (she worked in a different part of office)
-can cell phone records be subpoenaed for unemployment appeals hearing?-
and caught her using my stamp machine for her personal mail. Many
questions, I know. Thanks so much.
2 Answers from Attorneys
Re: Unemployment benefits despite evidence it is not deserved?
Under the law, the employer has the burden of proving misconduct which is not just incompetence but a wilful violation of an employee's duty to the employer. You may be able to prove that based upon some of your facts. Although not required, you may want to obtain an attorney to assist you in doing so. Yes, you can subpoena records for the unemployment compensation hearing
Re: Unemployment benefits despite evidence it is not deserved?
If you believe the employee committed misconduct, you have the right to appeal a determination awarding the employee benefits. However, a notice of appeal must be filed within 20 days of the determination. You may (but not need to) hire counsel to represent you at the hearing that would take place if you challenge the initial determination.
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