Legal Question in Employment Law in Florida

Dear LawGuru-

I have a legal question pertaining to employment law. Many people I know keep asking me the same question on this topic. If I was terminated from my former employer, how can I be denied unemployment compensation?... I could see if I quit, and be denied, but to be terminated and be denied for any reason, is a mystery... Please explain... Thanks, James


Asked on 1/10/10, 5:15 pm

2 Answers from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

Depending on several factors, you may be terminated by your employer and still be denied unemployment. You may not qualify for unemployment due to length of time on the job, not enough hours worked, or your pay structure could have an impact on your claim Additionally if you were terminated "for cause" then you may be denied unemployment benefits.

There may be others as well. The truth is that there are many reasons a person who is fired can be denied unemployment benefits. If you applied for benefits and were denied you have the right to an appeal provided you file your appeal within the alloted time frame.

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Answered on 1/15/10, 5:29 pm
Sarah Grosse Sarah Grosse, Esquire

If a person's employment is terminated for cause-- for any wrong doing-- they are not entitled to unemployment compensation. Reasons why one may be fired for cause could be anything from stealing, to not showing up/showing up late, to insubordination, or many other reasons a person can be fired for wrong doing. If one is fired through no fault of their own, they may be eligible for unemployment compensation. Reasons why one may be fired through no fault of their own are corporate downsizing, 'it's just not working out', or the person was not capable of performing the job required.

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Answered on 1/15/10, 5:33 pm


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