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Unemployment Benefit Appeal Florida

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  • Unemployment Benefit Appeal Florida

    I am looking for some legal advice in preparation for my Unemployment Benefit Appeal. Ultimately I am looking for advice how I can put together the most compelling case to support my appeal.

    Backgound:

    My appeal: “Quitting was not attributable to the employer” is inaccurate for the following reasons:1. I was forced out of my position. My travel budget was cut and I was restricted from doing my job and pursuing my bonus. Keep in consideration that my job performance was directly related to my going on the road and selling our property.2.My sales partner was threatened with termination, and actually told she was dismissed, and then overturned. This can be confirmed by my sales partner, XXX as it was very traumatic for her and her family. It was a clear message to me that the new DOSM was planning our replacement with her preferred sales team. 3. My appeal to the General Manager was meet with disregard and full support for the new Director of Sales. I was told, “I don’t want you sticking around here just to collect heath insurance for your pregnant wife”. I believed that GM as well as the DOSM was coordinating efforts in pressuring my departure. I had no where else to turn for support. Especially after my sales collogue had been told she was fired and then finally forced out with the aid of the Human Resource Department.

    How would I go about proving I was forced out? Are there any prior cases I might reference?

    Thank you in advance for your help.

  • #2
    1. No, you weren't. Although I agree that the cuts made your pursuit for success in your job more difficult, you did have a choice. You could have waited to quit until you had another job.

    2. So? What does that have to do with why YOU quit? It's not illegal for the employer to make your job "uncomfortable", nor to consider replacing you with someone else.

    Sorry, I'm not seeing a case for appeal. I'm not saying don't try, just saying that I wouldn't be optimistic.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Are there any conditions where I could prove being forced out?

      Thank you.
      Are there any legal conditions where I could prove being forced out?

      Comment


      • #4
        Maybe if you were being required to do something illegal. Maybe.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          patty"md" is not from florida, and is not aware that there are NO other jobs. In regaurds to the pregnant wife comment, is this crossing the line? or no? anyone??

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          • #6
            The bottom line is the poster still quit.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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            • #7
              Originally posted by George100 View Post
              patty"md" is not from florida, and is not aware that there are NO other jobs.
              Don't presume what Patty knows and what Patty doesn't know. Patty is also currently unemployed. Patty has many friends and colleagues throughout the country who are unemployed. Patty is VERY aware. Patty would have to be living under a rock to be unaware of the job crisis in this country.
              Last edited by Pattymd; 02-24-2009, 10:38 PM.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                Determination - "Reason for Quitting was not attributable to the Employer"

                Leaving on my own accord is not in question here. Instead the determination from the original benefit application that - "Reason for Quitting was not attributable to the Employer"

                In my case the reason for leaving was directly attributed to the Employer’s actions.

                What I am asking the expert legal panel is…what will need to prove legally in order to demonstrate that the Employer actions were directly connected to my fear of being fired, and is there any precedence in this situation?

                Anyone?
                Thank you.

                Comment


                • #9
                  I've been wrong before, and no doubt will again. But quitting to forestall a firing is generally not considered a reason "attributable to the employer" and I am not aware of any specific cases that will prove your point. Rather, the cases I know of support the original decision. I think you have an uphill battle in front of you. I have little confidence that you will win.

                  Several years ago I had an employee in California, arguably the employee-friendliest state in the US and certainly more employee friendly than Florida. The employee thought she was going to be fired (she was right) and quit to forestall it. She gave us a resignation letter which indicated that she was quitting rather than be fired.

                  She applied for unemployment. When we were contacted, we supplied a copy of her letter. We did not deny that she would have been fired the following day had she not resigned and we told them why. We were prepared to be told that benefits were granted on the basis that she was about to be fired anyway and, had that been the case, we were not going to appeal.

                  The unemployment office denied her claim. They told her flat out that if she had waited to be fired, she would have gotten her benefits but that by quitting, she had taken herself out of the running.

                  If California takes that position, I can't see Florida agreeing otherwise.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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