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FL Unemployment Florida

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  • FL Unemployment Florida

    We terminated a bar manager for serving drinks and not collecting $. This was observed by the Director of Security and verified by the patrons when they were leaving. She was within 90 days. We told her it was not working out and did not give a reason. She filed for unemployment, did not receive, appealed and it was over turned.

    My question is: Does she not have to complete 90 days of employment to be liable for unemployment from us?

    Thank you

  • #2
    Not exactly. I am not expert on FL rules, but assuming that the FL rules are like that of most other states it goes something like this:
    - The state first looks at the "quality" of the termination. If you had fired the employee for theft (basically what was occuring), then you would have had a good cause to claim that UI benefits should have been denied. But instead you basically just let the employee go without cause, which is legal as far as terminations go, but also not a good reason to deny UI benefits. In your case, the employee can correctly claim that when they were let go, they were not fired for cause. Most terminations are legal, but most terminations also qualify for UI benefits.
    - Assuming that the quality of the termination was adequate, then the state normally looks at all earnings over approximately the the last 7-18 months which are used to determine both the amount of the weekly benefit, and how many weeks of benefits are available.
    - The employer from who the termination occured, and the employer whose account ends up being charged are not necessarily the same employer,
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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