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Florida Unemployment Case Law
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The department provides web site where you can file an appeal on line; but it does did not work. That should not mean his appeal was too late.
He did not show at the hearing because the Department forgot to put postage on his hearing notice.
A probation officer got the wrong judge to sign a warrant by saying that the right judge was not available.
Inadvertently falsified her time card once.
They say she did not fax her appeal on time. She has a fax transmission sheet to prove it. See Gold Coast below.
She is five foot two, 110 pounds, and fifty-two years old. She can't lift those heavy boxes.
Was unable to file to extend her leave because she could not drive to the doctor to fetch her forms and mail them.
An insurance adjustor was hired with the understanding he had six months to pass the license test. He failed the test twice, was not licensed, so they fired him. This court says he collects.
A bank teller did not lock up her cash drawer after her shift.
A construction inspector quit when weather began to eat into his earnings.
The employer would go away for weeks without signing her paycheck.
Comer and Renelus
This case distinguishes between recoupment and repayment. When a claimant is paid benefits in error through no fault of their own, the Commission may forgive recoupment, but not repayment.
He quit to avoid getting fired.
Apparently, it is the claimant's responsibility to provide the court with a transcript of the hearing. This only seems to happen in Florida.
He filed for unemployment, was denied, appealed, and won. He does not collect for the period while his appeal was pending because he did not go back and apply again every week. The courts have decided this identical issue both ways.
he tried to recruit colleagues to go into competition with their employer.
A temp refused three assignments.
Apparently, it is the claimant's responsibility to provide the court with a transcript of the hearing. This only seems to happen in Florida.
She was originally hired for 24 hours a week. She asked for more. They gave her ten more. After a while, they cut her back to the original schedule. So she quit.
He was laid off. He was collecting benefits. He got a part time job, and collected partial benefits. He got another part time job, hoping to work both. But the first employer didn't want him working for the other one, so he quit the first. Because he quit, they want him to pay back his unemployment benefits.
She worked for a temp service. One of her assignments offered her a permanent job. She took it. A month later, they fired her. Now, the state doesn't want to pay her unemployment, because they say she voluntarily quit the temp service. The court says pay, because that's not the job she got laid off from.
He presents a fax transmission report which shows that his appeal was sent in plenty of time. But the Commission did not log his fax until after the deadline.
A preschool teacher, plagued by a brat, got fed up, marched her class to the prinicipal's office, and went home.
She appealed a day late, so her case is dismissed. Short and sweet.
He is denied unemployment because he excercised his stock options.
The personnel records show he was fired for "inability to perform the work.". That is incompentence, but not misconduct.
A security guard refused to work Christmas.
Had a fine attendance record until she became injured on the job. Then missed several days.
Apparently, it is the claimant's responsibility to provide the court with a transcript of the hearing. This only seems to happen in Florida.
She must pay back the unemployment she collected while she trained to get a license.
His poor attendance was due to depression; but he did not bring a doctor's note.
Just because another government agency says she was fired for cause does not decide the issue for unemployment purposes.
Gold Coast
They say the employer did not fax their appeal on time. The employer has a fax transmission sheet to prove it. See Stephanie Barron above.
He was fired on the basis of a computer generated report which the employer failed to bring to the hearing. So all they have is hearsay.
GTO Inc.
The employer did not bring the witness to the hearing.
Gulf Power
After a hurricane, the power company needed its workers to come in and work overtime. Those who refused were fired.
The employer did not show that the first five of his nine absences were unauthorized.
His Kids
A worker at a church daycare is not covered by unemployment.
Frequently tardy or absent because of school. But the employer knew of and authorized her commitment to school.
While on unemployment, he tried a different kind of job for one day; then decided it was unsuitable for him.
She asked to subpoena 13 witnesses. The referee decided seven were irrelevant, and did not subpoena them.
The hearings referee and the appeals board have each essential fact in this case all balled up.
She had to leave to pick up her daughter.
Took away her office, increased her hours, reduced her benefits. She sounded off and quit.
She accepted a transfer to a new job whose duties she was not suited for. Could not transfer back; so she quit.
An auditor found discrepancies while he was on vacation. His colleagues told him he had been fired.
The referee resolved all conflicts in favor of the claimant; yet he rendered judgement in favor of the employer.
The job only paid about half what they had told her it would. So she quit. The referee granted her benefits. The Board improperly re-weight the evidence.
Says she was forced to quit.
He was told to write how he planned to resolve his problems with colleagues. He refused to do so until he had consulted his attorney.
Gave an IV to a co-worker without a doctor's order.
A security guard's application for license was rejected three times because his fingerprints were illegible. So he quit.
His fax transmittal report is dated two days before the state acknowledged they received his appeal.
They say they mailed her a notice. She says she never got it.
A store cler got in an altyercation with a suspected shoplifter.
They fired this truck driver because he had five accidents in ten months. The court says that does not show misconduct -- just incompetence.
A tram driver had an accident, which led to a dispute with the employer.
In Florida, apparently, you may resign because of illness, yet collect unemployment.
Apparently, it is the claimant's responsibility to provide the court with a transcript of the hearing. This only seems to happen in Florida.
She faxxed her appeal letter. She says she faxxed it on time, but has no proof.
She is being asked to repay benefits because the agency records have the wrong dates, and they have neglected to correct them.
He received benefits. The employer appealed. By the time he received a notice that he had lost the appeal, he was already employed elsewhere, so he let the matter drop. A month later, he received a notice that the state wanted him to pay back what he had received. He would have appealed if he had known that; but now it's too late to appeal.
The employer asked for a continuance. It was granted. But they held the hearing anyway.
Cussed the boss in front of colleagues.
He appealed late, so the court can't help him. He says he was misinformed by department staff.
The reason her appeal was filed late was that the agency told her by phone that her claim had been approved.
She quit one place to work for another; then got fired from the second place. The quit prevents her collecting from the fire.
Project Health
A bunch of them sent a letter to the company saying if the company did not fire the boss they would quit. The company said okay, quit. They did. They do not collect.
The hearings adjudicator cannot disqualify a claimant on the basis of an incident which is not the subject of the hearing.
Here, the state itself appealed too late, when it tried to present new evidence after the hearing was over and done with.
A bank teller made a mistake which cost the bank six grand. Still, it was only a mistake. She may even get attorney fees.
Apparently, it is the claimant's responsibility to provide the court with a transcript of the hearing. This only seems to happen in Florida.
Threatened to kill a colleague and used the N word.
She took a part time job while looking for work; then quit because it interfered with her job search. This quit prevents her collecting unemployment. The court is not happy with the Department.
They told her to stop complaining to all and sundry; then fired her when she complained to the supervisor.
The V.P. for HR brought to the hearing 56 obvious business records documenting misconduct. The claimant did not object because he din't show at the hearing. But all these records are ignored as hearsay because the V.P. did not expressly say these are business records.
He was allergic to the chemicals used in the plant.
They say guard logged his rounds but didn't make them. He says he made the rounds, just not at those precise times.
He has a printed fax confirmation showing he sent his appeal on time. The appeals office says they didn't receive it.
She misunderstood the incomplete information which the clerk at the job office gave her; so she didn't file her claim in time.
He retired because job stress gave him hypertension.
She refused to accept a job which paid less than her last one, so she does not collect.
The post office didn't want her to use gloves when operating the sorting machine.
A nursing assistant is fired when she asks colleagues why a patient was allowed to die in agony.
Not eligible for benefits because she took a severance package and quit.
When you don't appeal in time, then there's nothing the court can do for you.
Apparently, it is the claimant's responsibility to provide the court with a transcript of the hearing. This only seems to happen in Florida.
He was injured and could not longer perform the job. He is not required to seek light duty work from them.
The referee never should have heard the appeal, because the employer appealed late.
She appealed too late because she left the paper inside her desk at work. Too late.
A new hire gave them three different social security numbers. Over four months she was unable to explain the discrepancy. So they fired her. The case hinges on hearsay.
After much inconclusive conficting detail, it comes down to this: Apparently, it is the claimant's responsibility to provide the court with a transcript of the hearing. This only seems to happen in Florida.
A salesman's income declined. The company offerred to increase his commission rate. But he quit anyway.
Many of her absences, including the final incident, were for good reason.
She told the manager she had to go home sick. The manager said if you go, you won't have a job. She assumed she was fired.
The Board decided in his favor. Six months later, it suddenly changed its mind.
The employer says they fired him because he cussed the boss. He says he cussed the boss because they fired him. The court says because he cussed the boss in private, it's not misconduct. Two judges dissent.
While on unemployment, did not call back to accept offers of work.
A social worker fell behind in his work.
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