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Unemployment Appeal Florida Florida

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  • Unemployment Appeal Florida Florida

    I was per written contract hired to perform one job for a one year peiod but the company was in need of a temporary manager of another clinic and sent me in the position. The position went for well over a year and beyond my original contract. I never got to work in the position I was contracted orginally for. I have been treating for over 16 years for a military service connected knee condition and never missed a days work during my 16 months employment. In fact all treatment days and times were scheduled on my days off only.

    I finally informed the administrator in writing I was resigning the manager position but would like stay as a staff registered nurse resuming an hourly wage on May 17th to be effective June 19th, 2009. The manager stated I couldnt stay in a staff position but had to remain manager therefore I stated my last day was to be June 19. She further emailed me the confirmation stating "I am accepting you resignation as manager and I have decided you can not remain as a staff RN." On June 1 my doctor sent notice for me to be off floor work due to arthritic knee condition and recieving weekly injections for 5 weeks. I had one injection left to complete. (note I was performing not only my managerial but doing the staff nurse job also due to thier failure to hire other nurses) June 3-June12. On June 2 the administrator agreed I could continue doing my paperwork June 3-12 (sedentary) and my last day be June 19. I felt this was "reasonable accomadation" for the exacerbation of my disability. I also noticed she was interviewing another nurse that same day in my office who turned out to be my replacement.

    I went into work on June 3 completed the monthly corporate reports and some other paperwork (about 7 hours) of which the administrator was in house this day. When they were completed the administrator called me in and stated "it isnt worth you working to the 19th when you dont know whats going on with your knees". I objected and let her know I had no problem doing my sedentary job duties till the 12th as there was floor coverage and wanted to continue working till June 19 as planned. The floor coverage required me to be on my feet 12 hours with no breaks so 3 days off the floor wasnt unreasonable as there was floor coverage for all other days. We also are not allowed to sit in the unit for charting etc. She refused, had me pack my things from my office, requested my keys and sent me on my way not allowing me to collect my other belongings in the clinic area nor speak to any staff. She also had my replacement who was hired on June 2 start employment on June 4 along with another staff RN (day after she sent me out).

    Since she sent me out earlier then June 19th I filed unemployment due to recent Porter vs Florida Unemployment appeals court decision (Jan 2009) which is similar. The administrator reported to unemployment I resigned for "medical reasons" and I was denied. I am filing an appeal as I stepped down from the clinical manager position as it wasnt what I was hired for and was switched after 13 months from hourly wage to salaried without notice. Administrator was also undermining my position of manager with my staff (documented in her emails) and becoming pretty much a bully. I was more than willing to continue as a staff RN in the clinic but not as a manager. Also I had over 90 hours sick time and was salaried exempt. They used my pto time for the balance of my hours. My decision to step down as manager had nothing to do with my medical condition of which this employer was fully aware of when she hired me in the first place Jan 2008.

    I firmly believe she is using this as the excuse as she had hired my managerial replacement who started the very next day and didnt want to continue to pay me to be there at the same time. I did make copies of all the emails also. There was open nursing positions in the clinic when I requested to stay as a staff RN also in which I was denied. Pretty much she told me either I stay as manager or didnt have a job. My question is how can they state I left due to medical reasons and also wouldnt it be she failed to give temporary reasonable accomadation for a known Veterans disability. After reviewing Porter case here in florida it would seem I am entitled to unemployment since she made me leave prior to my resignation date and not due to misconduct.
    Last edited by Lace; 07-16-2009, 07:31 AM.

  • #2
    Seems like you have your ducks in a row. Be sure to present those copys of e mails, and all proof that you gave them prior notification of your situation. You will have a chance to present all your information during your appeal however, it is difficult to get unemployment when your employer turns you into a problem for them..and the service they provide...good luck


    • #3
      Lace, if you want anyone else to comment on your question, I suggest you edit your post to exclude the extraneous information and put in some paragraphs and white space. That huge block o' text is very hard to read.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


      • #4
        As it turns out I was approved as the employer reported I left for medical reasons, so I'm assuming she pretty much shot herself in the foot on this one thinking I would be denied. Accordingly they seen it that it was no fault of my own and I will be recieving. I just recieved confirmation today. Thanks again for your responses.
        Last edited by Lace; 07-16-2009, 10:35 AM.


        • #5
          Glad to read it turned out good for you. There are so many horror stories about unemployment claims. I was turned down... Anyway, it is not a little thing that you were approved so, congrats!!!


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