Legal Question in Employment Law in Florida

Unemployment-am I eligible

I left my job after 3 years due to the fact that the owner/president made it extremely hard for me to be there. He was extremely concerned about my personal life and went to greath lengths to find out about it, due to the fact that I didn't discuss it with him. He brought me to tears on a daily basis, and felt that I could not work under these circumstances anymore. Gave him 30 days notice and he told me to leave right away. I filed unemployment and am being told that due to the fact that I gave notice I am not entitled. I made an extremely good salary at my job and as a single parent wouldn't of quit in this economy if I didn't have to. Please advise


Asked on 6/28/02, 1:07 pm

2 Answers from Attorneys

Re: Unemployment-am I eligible

From your question, it appears you have only told part of the story. In most cases you are not eligable for unemployment if you are fired for intentional misconduct or if you resign. However, if you are forced to resign or the claims of misconduct were false, you may be eligable for unemployment. If unemployment has made some initial determination you dispute, then you may want to appeal that ruling. I am also concerned about these questions into your personal life and you being in tears ... if you were forced out because he was trying to date you or seeking some personal favors from you then there may be other issues you need to talk to an employment attorney about.

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Answered on 6/28/02, 1:36 pm
Keith Stern Shavitz Law Group

Re: Unemployment-am I eligible

The situation you have described sounds like what the law would call a "constructive discharge," which means that a reasonable person in your position would have felt that they had no choice but to resign their employment. Accordingly, you have grounds upon which to appeal the claims examiner's denial, although this must be done within 20 days of the mailing date on the denial. Please contact me at (305) 810-2887 to discuss how we can assist with your appeal.

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Answered on 6/28/02, 3:04 pm


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