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

Saint Petersburg, FL |
Attorney answers 4

Posted

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.

Posted

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

Posted

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

Posted

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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