My previos employer lied to the Agency for Workforce Innovation to stop my claim after 6 mo.I won the appeal. Civil Court next?

Asked about 4 years ago - Saint Petersburg, FL

After collecting u.c. for 6 mo., my previous employer lied to the Agency for Workforce Innovation and said I quit. At the Appeal, which I won, I showed he terminated me without burden. Would it be in my best interest to file in civil court?

Attorney answers (4)

  1. Scott M. Behren

    Contributor Level 14

    Answered . If you won your appeal and are getting your unemployment what would you be suing your employer for? For more information on your employee rights check out our employee rights blog at www.takethisjobnshoveitblog.com.

  2. Richard Ernest Wolfe

    Contributor Level 13

    Answered . You wouldn't have a claim. Florida is an at will employment state and your only right to compensation is unemployment.

  3. Robert David Shapiro

    Contributor Level 15

    Answered . Your statement is not totally clear. Normally, when an employer contests the payment of unemployment compensation, the employee files a request for a hearing before an Appeals Referee, and after a decision is made by such a referee, either party has a right to appeal. I assume you mean that you won this hearing and the Appeals Referee found that he fired you without cause (you state that "he terminated me without burden"). Thus, I assume you received all of your UC benefits without a problem, but that you'd like to sue your former employer for firing you without justification or cause. Unfortunately, in Florida, an employer does not need to have a reason, justification or cause to fire an employee....even an employee who has received perfect performance evaluations and has worked for 20 years!! Florida is considered an at-will state, sometimes known as at-whim which means that they can get rid of you for no reason at all. There are approximately 30 or so exceptions to this at-will termination law, such as discrimination against an employee in a protected class (discrimination on the basis of race, sex, color, religion, etc., whistleblowers, workers comp claimants, juror duty, etc.) You don't mention whether any of these things may apply to you so it is impossible for any lawyer to tell you whether you have a claim or not. Hope this helps you to reformulate your question.
    Sincerely,
    Bob Shapiro

  4. Bonita M. Riggens

    Contributor Level 14

    Answered . As previously stated, you question is not entirely clear. If you think you may have other claims against your former employer, the best thing to do is to get a consultation with an employment lawyer who can review all the facts and circumstances of your situation.

    Bonnie Riggens
    Law Office of Bonita M. Riggens
    669 1st Ave. N.
    St. Petersburg, FL 33701
    Phone: 727-898-1401
    Fax: 727-823-7351

    Employment law representation: Contracts (Noncompete Agreements, Severance Negotiations), Defamation, Discrimination (Age, Disability, Gender, Pregnancy, National Origin, Race, Religion), Family and Medical Leave Act, Overtime Law. Privacy Law, Retaliation and Whistleblower Law, Sex Harassment, Unemployment Compensation, Unpaid Wages, USERRA

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