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Fighting for my Appeal from unemployment Fl. Florida

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  • Fighting for my Appeal from unemployment Fl. Florida

    Im new to this so here goes.

    I was laid off in the end of May 2010 from my original waitress job, I also started training for another job in may and during training i realized i was unable to comply with the requirements of duties they wanted. So i quit during training. I thought pay was based on finished training,(Ive worked many restaurant jobs like this before,where pay was based on full training) So i didnt think i would get a paycheck.

    I filled for unemployment got it and less then a month later was reviewed and was later told i didnt file pay earned. I was really confussed, and found out i DID have a paycheck. After trying to talk with Unemployment and figure out all this i was cut off from everything . I didnt even pick up the paycheck till after JULY 2010 Which the employer can confirm.

    Now im a F/T student since july/ a single mother and im unemployed, training for a new career through worksouce. my appeal is on the 19th of August please help. I heard of an "AT Will Doctrine" but am not really sure if Florida complies with this. Is there anything, out there to help me with my rights and what can I do to protect myself here.
    Last edited by 126Lauren; 08-07-2010, 10:56 AM.

  • #2
    The At Will doctrine, which is honored by 49 out of 50 states, including Florida, and in some circumstances in the 50th, says that you can quit at any time and for any reason, and the employer can fire you at any time and for any reason not prohibited by law. So I'm not sure what it is that you are looking for.

    Federal law says that you MUST be paid for any time you work. There is no qualifier allowing it to be withheld subject to completing training. And it sounds as if the only reason you were not paid, is that you assumed that there was no check and didn't bother to inquire, which is not the employer's fault.

    So please clarify what laws you are seeking?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      unemployment appeal

      Is there any helpful advice for me for my appeal that i could use, otherwise i might end up having to pay back the 900 they gave me, im not looking forward to that. as for employment on the other jobs we were told in the beginning that if we didnt finish training we would not get paid.. im just wondering if there is anything i could look into that may help me out for my fight against unemployment. This is the first time ive ever had to deal with this ..Just wanna feel like i have a heads up any advice would be great


      • #4
        Why were you "unable to comply"?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


        • #5
          fighting for my appeal from unemployment Fl. Florida

          they wanted fine dinning experience and wanted us to pour wine tableside with presentation and all that goes with wine..i dont drink wine or much else for that matter..ive never poured table side wine much less could i remember there wine list or prices ,i really top it off it was a pizza joint..
          I hadnt ever been trained for fine dinning .Ive only work redneck bars or restaurants were everything was very limited..i kept getting called out for taking things from the wrong side of the table from guest or setting it down was a little bizarre to say to the least for a pizza joint.. I was in over my head! all i wanted was a second waitress job and they wanted something i just couldnt give...
          I worked another restaurant during this time and then shortly after i was laid off from my original job cause it was really slow.. I was given the understanding if you didnt finish training you werent getting paid..Ive seen it all before so i figured i wasnt getting paid so i didnt claim money earned..thats how all this started..


          • #6
            So you didn't have the experience they wanted, but they were willing to train you, but you quit before the training was completed. Uphill battle, IMHO.

            The fact that they were illegally withholding pay for the training is irrelevant to this issue of the quality (why) of the termination. You had other recourse for that.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


            • #7
              At your hearing, you explain what happened during training, and the fact of not being paid until training was completed. One option is that you don't get benefits for the week you earned the wages on. Keep filing for benefits, and stay calm during the hearing.
              Leaving a job because you are not able to do the job to expected standards during training is not going to count against you.


              • #8
                Originally posted by csi7 View Post
                Leaving a job because you are not able to do the job to expected standards during training is not going to count against you.
                Don't be too sure about that. You generally don't get UI benefits when you quit a
                job. It would have been better if the co. terminated OP because she couldn't
                do the job.

                Of course though she should go through with the appeal.
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