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Unemployment denied after collecting 14 mo. - need advice on appeal hearing Florida

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  • Unemployment denied after collecting 14 mo. - need advice on appeal hearing Florida

    I'm sorry this is long. We would so appreciate your help and insight. Thank you.

    My husband worked FT at company for 2 years as driver and then driver/foremen of laborers. The first 20 months hours were at least 40 but usually with overtime, which my husband may or may not of been paid for. 4 months toward the end of the employment it was apparent the business was in trouble as a state contract came up to bid and the company lost the bid. During the last 4 months the day labors and other employees slowly dwindled from 25 FTE to 3, each quiting because of lessen or no hours or boss telling them there was no work but he would call when things picked up. Many of these FTE were either illegals paid in cash, day laborers or men w/ past criminal records often using drugs; usually not fighting any wrongful termination.

    A lot of nonsense went on while my husband worked there the second year but my husband put up with the nonsense because he was paid well and business was booming the first year, and during his employment there early in the first year he got a ticket in the company truck which his boss said he would cover, but he didn't and it went on my husband CDL record as a non-pay fine. Which then went to a suspension of my husband's license for a non pay fine. We paid it when we found out but still my husband records shows a short suspension of his CDL for a non pay fine. Employers don't care why you were suspended but it made him unmarketable as a driver. Unfortunately my husband was naive and slow to pick up on the facts around him; the boss and his company were dishonest and liars.

    Anyway during the last four months there were creditors coming to the property,items being repossessed, pawns being made just to make payroll, cops being called because previous employees hadn't been paid and were angry on the property, and the company changing their name to try and get new bids because the previous company name was tarnished. Part of the last 4 months, especially toward the end my husband's hours severely dwindled and much of his hours were paid in cash, because the employer couldn't afford the payroll company he was using (and had also not paid the bill on). The last three weeks my husband worked there he wasn't paid for any of his work and told his boss he wasn't going to do one thing more if he didn't get paid for it. His boss fired him.

    My husband claimed unemployment and has been receiving for 12 months while he has been looking for work. 6 months into the unemployment he worked for a warehouse for 2 months and his unemployment rightfully stopped. However they laid him off in their first waive of layoffs and he again refiled for unemployment on the first employer and was paid benefits. Two months ago his benefits stopped as his original employer has now filed an appeal that my husband left the company to begin imed. employment with another company. This is not true. The adjunctation unit denied my husband's benefits and the hearing is set for a couple of weeks.

    Do we have a right to any paperwork or "proof" the employer has presented to the unemployment office? If so, how do we get copies? Is the burden of proof that my husband worked for other employer on his previous employer or is the burden of proof that my husband has been unemployed all this time on my husband? What evidence should he bring to the hearing? Any other advice would be appreciated. We need to win this appeal. Our house is in foreclosure due to the loss of this job and inability to find a new one and my husband has been doing re-training to move to a new field but florida won't pay for it, as they had agreed, unless the appeal is won. Thank you so much for any advice!

  • #2
    If he received benefits when originally separated from this employer, I don't see any reason why he should not receive them now; the cirumstances of the termination have not changed. However, if might be worth contacting an attorney. If you can't afford one, perhaps Legal Aid could help.

    There may not have been any documentation. If the company DID provide documentation for an appeal (other than just the notification form, which they completed and sent back), I believe you have the right to copies. Any employer in the base period is advised when an ex-employee opens a claim for benefits which, since a claim is open only one year, your husband had to have done. All the ex-employer needs to do is say "I wish to protest".
    Last edited by Pattymd; 05-23-2009, 09:47 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      Having said the above, however, I just thought of something. The standard for collecting is 26 weeks plus the state extension of 20 weeks. The new federal extended benefits program is not included in this, but in any case, he's running very near the end of unemployment benefits until he works enough weeks and earns enough wages to re-qualify. UI benefits don't last forever.
      Last edited by Pattymd; 05-24-2009, 04:01 AM.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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