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denied unemployment and both appeals Florida

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  • denied unemployment and both appeals Florida

    A friend of mine was terminated from her position and claimed unemployment benefits until she found a job. Unemployment saying she needs to repay what she received because the Payroll company that was used to pay her stated that she did not contact them to find other work. She believes she may have received a letter from them but threw it out because she did not recognize the company name. She never signed anything with the company that shows she was their employee. She was under the impression that the actual company that hired her was the one paying her. She was not aware of the "policies" for the payroll company regarding what happens if she is laid off, fired, or leaves the company. There is nothing on record with her signature that the company can acknowledge that she was aware of their policies. Because she did not answer the unemployment in a timely manner since she was confused as to what company they were talking about - the unemployment denied her appeals. She is now responsible to pay back those funds. The Payroll company used never contacted the unemployment on the day of the first hearing to dispute their reason either but the mediator did not listen to ANY testimony from her or her witness because he stated she did not answer the unemployment letter in time. Can she sue the payroll company for falsely denying the unemployment benefits? They have nothing on file, although she requested proof, with her signature that states she was aware that she was a "leased" employee and had to follow their policies. She is at her wits end, has never had bad credit and now the unemployment is reporting her to collections. The unemployment hearing won't listen to her case at all.

  • #2
    She was the employee of whoever she was paying her. "Payroll company" in the business usually refers to a payroll processing service bureau, such as ADP, Ceridian, Paychex, etc.

    I'm guessing what she really did was work through a temporary employment agency, such as Manpower, Kelly, Accountemps, etc. and her assignment ended. If so, she was required to keep in touch with the agency and throwing away a "letter" because she didn't recognize the company name doesn't make a whole lot of sense-what would have been the harm in opening it to find out who it was and what it was about?. Of course, if the temp agency had an assignment to offer, they almost certainly would have called her, not written. Now, we have no way of knowing what this letter said.

    But regardless of who the employer was, no, she cannot sue them; they did not deny her benefits, the state did. And the state is immune from such lawsuits.
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    • #3
      Thank you!


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