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Unemployment Denial Florida

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  • Unemployment Denial Florida

    I was denied unemployment, and was wondering if this constitutes a case for appeal:

    I had been working for this company for 3 years as a manager in one of their stores. I had a problem employee who I was working towards terminating due to various reasons. I guess she caught on that she was on her way out, so she used every dirty trick in the book to try and get me, and the rest of her fellow workers fired. She accused the other employees of stealing, fraud, etc. And claimed that I knew about it and was covering it up. She then decided to throw a "sexual harassment" charge against me also.

    My boss came down to access the situation and put her on temporary leave. He came down, found no evidence that any of her accusations were true and cleared me of wrong-doing. I also had recorded evidence that she had not been sexually harassed. So again, my name was cleared.

    After finding out that all her accusations were false, I told my boss that I believed she should be terminated for lying and causing a hostile work environment for my employees and I. He disagreed, and told me to let her resume work the next day, with no reprimand at all. I work everyday with ONLY this woman on the morning shift. I could not see it being a very pleasant work environment for me. So I told my boss that he needed to take action against her, and that I could not work with this woman any further. He took that personally and took my keys from me and told me that he considered this my "resignation." I told him that my intention was to not quit. He then told me that if I refused to work with this woman any further, that he considered it quitting. He then asked me to gather my belongings and vacate the premises.

    I was denied unemployment, because the company claimed that I voluntarily quit. I DID NOT, I was forced out by the unwillingness of my superior to act against a hostile employee.

    Do I have a ground for filing an appeal (I am going to regardless.)


  • #2
    Absolutely file an appeal. The burden of proof falls on the employer to show that you quit. Just be honest about what happened.
    Somedays you're the windshield and somedays you're the bug.


    • #3
      You can certainly appeal. 99.99 percent of all employers would take your unilateral ultimatum as a resignation, and that's apparently how the state sees it as well. At best, it was insubordination, which would still be misconduct that could disqualify you from receiving benefits.
      I am not able to respond to private messages. Thanks!


      • #4
        Thanks for the replies. I am filing an appeal for sure.


        • #5
          I agree with Marketeer but, of course, it never hurts to appeal.
          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

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