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Wrongful Termination. being told one thing and then them saying another to keep you from being able to claiming unemployment.

Hollywood, FL |

My previous employer released me from work. The reason he gave me was that work was slow and rather than just keep me on the pay role waiting at home for his phone call to go to work they found it better just to let me go. I filed for unemployment and received a letter from the unemployment office denying my claim because I was terminated for misconduct connected with work. So I guess my question is, Is there anything I can do because he told me one thing about letting me go and as soon as I go to collect unemployment until I find another job he changes his story to keep from having to pay the unemployment.

Ok I have filed for the appeal. Now my question is... How should I respond to their questions ? I know to answer them honestly and plan to do so as I know I did nothing wrong and had no control of the company truck over heating. The truck I was driving that morning for the reason he says he "fired" me had been in and out of the shop for months on in before it blew the engine. There are three other employees there that also know what happend and what he is doing and say they will back me up because from the time the truck blew its motor to the time he let me go was well over a month. And thank you to those that have responded to my questions as this is the first time I have ever had to try and collect unemployment.

Attorney Answers 2


You should immediately file an appeal of the denial and request a hearing. The unemployment office can further guide you on the procedures that will need to be followed.

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Make sure you file your appeal within 20 days of the date of mailing of the Notice of Determination. The Agency will then set your appeal for a telephone hearing - which will be conducted similar to a trial. The appeals referee will put witnesses under oath and take evidence. You have the right to request the Agency to subpoena any witnesses and documents you will need for the hearing.

The reason your employer is now alleging you committed misconduct is because the only way an employer can prevent you from getting your benefits is by proving that you committed misconduct or that you voluntarily resigned. Many of these cases are reversed at this appeal stage. Good luck.

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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