Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Unemployment Appeal - Side Business? Florida

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Unemployment Appeal - Side Business? Florida

    Hello,
    My husband and I are faced with an Appeal soon. He was with a company for a very long time and like every other company out there, they where looking for ways to cut cost and downsize.

    Towards the end of his employment, they were very nasty to him and it looked like they where looking for reasons to fire him.

    Well, they found that reason one day as they where digging in the trash or dumper diving.

    My husband had plans to start a side business on the side. He was not going to steal any of his current employer's clients, but rather work side-by-side with his current employer and help with the extra load they had. And because they where looking to cut cost, this could benefit us both, WELL AT LEAST WE THOUGHT.

    It was all in the planning plans, just little notes here and there in his notebook. Well one day he threw them away in his office. He didnt think anything about it b/c it was all in good intentions.

    Well, of course they found them and the next day they had all of his stuff packed and fired him (with the papers they found in the trash in their hands).

    They accused him of being starting his own business and asked how he could do this. Both my husband and I "were" close to the people who owned the business for 10 years while he worked there. We did things outside of work all the time.

    Anyways, point being, they made assumptions and they acted in anger and fired him. And they found there reason.

    Well they denied unemployment and the papers stated it was for an absence (which didnt make any sense). We recently seen that they submitted a few pages of the trash for evidence. Which makes no sense, two totally different things.

    A major thing I think will come into play is that it is a small company and they dont have many procedures in place. He NEVER signed ANYTHING (like most companies required you to do) saying that he will not steal clients or start a business on the side, A sort of confidential agreement.

    Like I said before, he was never going to steal a client or anything. He was doing this to benefit the company and save them cost. But that is hear say and hard to prove.

    The last month employed, they told him they may be replacing someone for his job but they will TRY and find a place in the company for him. This is when I told him things are going downhill.

    The papers they found only have ideas one them. Nothing bad at all. Just brainstorming notes.

    To think of how close we where to that family and business, and they find something like that in the trash and make assumptions and fire him without even asking, just shows us what type of people they really are.

    But my question is, how should we handle this situation when we have the appeal? What legal rights do we have and what laws should we know (for our defense and offense?)

    I think most of the evidence is hear say. How might this go and what can we do to prepare?

    Thank you for anyone who helps! We really need to win the appeal because not only does he deserve it, but we are dead broke!

  • #2
    First off, this was not a wrongful/illegal termination. They could let him go for any reason at any time as long as it isn't a reason prohibited by law (ie age, religion, gender) or unless he had a binding employment contract to the contrary.

    All he can do during the appeal is tell the truth (answer all questions truthfully).

    Good luck.
    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.

    Comment


    • #3
      Originally posted by Betty3 View Post
      First off, this was not a wrongful/illegal termination. They could let him go for any reason at any time as long as it isn't a reason prohibited by law (ie age, religion, gender) or unless he had a binding employment contract to the contrary.

      All he can do during the appeal is tell the truth (answer all questions truthfully).

      Good luck.
      Hello Betty,
      Thanks for the Answer.

      I know that in the state of Florida they dont need any reason for termination. What I also meant to ask is this a legitimate reason for him not to collect unemployment? Or is this considered willful misconduct? and if so, how?

      Thanks again!

      Comment


      • #4
        That will be up to the ALJ to decide after a review of all information. Our opinion doesn't count. Again, he should just be truthful about everything.
        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.

        Comment

        The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
        Working...
        X