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Unemployment Compensation Appeal My ex-employer has appealed.They have filed for misconduct & being part time not full time!

Jacksonville, FL |

My application was for part time when I was hired because I was working in another place ! after a couple months my manager told me to work full time and she will increase my rate ! I worked there for almost 9 years until I moved to a new area and I requested for transfer and I moved to a new store & they all of the sudden the changed my day shift to tine . after a couple months They fired me for not calling my manager for leaving store and did not lock the door , which My supervisor actually called me to leave and I was never trained for closing and I did not have a key ! Now , I need to get some advice ! what should I do to prove that my manager changed my schedule from part time to full time & most of my paychecks are over 70 hours a week and some I have overtimes between 2 - 5 hrs .

Attorney Answers 1

Posted

If your paychecks show that you worked 70 hours a week, provide copies of them to the unemployment office in response to the appeal. But if they show 70 hours a week, why did you only get paid 2-5 hours overtime? You should talk to an employment lawyer about a potential unpaid overtime claim.

Mr. Kodsi is licensed to practice law in Florida, Georgia and North Carolina. His response to your question is not meant to constitute legal advice and does not create an attorney/client relationship. Rather, his response to your question is given for the purpose of providing general information about the issues addressed by your question. In many instances, questions such as yours do not include significant and important facts that, if known, could significantly change the reply and make it unsuitable. Mr. Kodsi strongly advises the questioner to confer with an attorney in your state for a more complete analysis of the issues addressed by your question.

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7 comments

Asker

Posted

Most of my 9 years shows over 70 hours per paycheck! and some times I went over 80 hours and I was paid for 2 or 5 hours overtime!

Neil David Kodsi

Neil David Kodsi

Posted

Did each paycheck cover only one week or multiple weeks. Overtime is over 40 hours in ONE WEEK.

Asker

Posted

each pay check is for 2 weeks!

Neil David Kodsi

Neil David Kodsi

Posted

Then they only have to give you overtime for hours in excess of forty per week. Thus they may have calculated it correctly.

Asker

Posted

But full time is 32-40 hours a week and in average I worked 70 hours or above per paycheck which is every two weeks! How come I consider as part time? I'm sorry but don't really get it!!! :(

Neil David Kodsi

Neil David Kodsi

Posted

You are not part time. You are full-time. I was commenting on whether you may also have a case for unpaid overtime.

Asker

Posted

MY mistake, Thank you! & thank you for your emails! You have been very helpful.

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