Asked over 2 years ago - West Palm Beach, FL
FlagI was working for a government entity, and during my training process I was told that I was not responding to training and that they would like for me to resign. There was no other choices given to me, they said that I was not sucessful in the job I was hired for, and they had no other positions available to me. I wrote the letter saying that I was asked to resign because I was not able to preform the job at the level that they expected of me. They are now contesting my unemployement claim. What options do I have?
By all means, request that a hearing be held. And, even though you can (and most people do) represent yourself at the hearing, I would strongly recommend that you hire an attorney to attend the hearing with you. Unemployment benefits cases are often won or lost by one side failing to prove a critical fact, and an experienced u/c attorney will know who has the burden of proof, how to meet it, and how to object when the other side has not done so. It's important that evidence be properly introduced or excluded at the hearing level, because you cannot introduce new information once the case has moved on to the appellate levels.
Ken Schwartz, Esq.
West Palm Beach, FL
Under Florida unemployment compensation law, merely not being able to perform the job satisfactorily is not enough to deprive you of unemployment compensation benefits. Benefits should only be denied if there was a voluntary resignation or misconduct, and the facts as you describe fit into neither category. If the Agency makes a determination that you are not entitled to benefits make sure you appeal it - the information on how to appeal will be on the Notice of Determination. If you must have a hearing before an Appeals Referee, make sure you consult with and/or hire an attorney.
Bonnie Riggens
Law Office of Bonita M. Riggens
669 1st Ave. N.
St. Petersburg, FL 33701
Phone: 727-898-1401
Fax: 727-823-7351
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