UNEMPLOYMENT COMPENSATION

We Handle Unemployment Compensation Matters

In today’s economy, many employees are losing their jobs. Most of them have no alternative than to apply for unemployment compensation benefits with Florida’s Agency for Workforce Innovation. Unfortunately, many employers often deny these claims as a matter of course.

Our lawyers can appeal the denial of unemployment benefits, and win. Our track record is phenomenal, and our experience in handling these appeals is beyond measure.

Important Information Regarding The Florida Unemployment Compensation Statutes

We begin our representation by acknowledging the simple fact, that “misconduct” as defined by the Florida Statutes is a very narrow definition. This includes the following two meanings:

• Conduct demonstrating willful or wanton disregard of an employer’s interests and found to be a deliberate violation or disregard of the standards of behavior which the employer has a right to expect of his or her employee; or
• Carelessness or negligence to a degree or recurrence that manifests culpability, wrongful intent, or evil design or shows an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his or her employer.

From this simple definition, there is a host of case law we argue to buttress the proposition that almost anyone should receive unemployment benefits – even if the employee quits their job. Moreover, even the preamble to the unemployment compensation statute makes it clear that Chapter 443 (that governing Florida unemployment benefits) “shall be liberally construed in favor of a claimant of unemployment benefits who is unemployed through no fault of his or her own.”

Unemployment Compensation Hearings Are Important

They are so important, hearing transcripts are often admissible in court.  Barfield v. Orange County, 911 F.2d 644, 649 (11th Cir.1990) (holding that, per Fed. R. 803(8)(C),  the trial court did not abuse its discretion in admitting either the EEOC report or the Florida Unemployment Appeals Commission findings and conclusions).  See also, Johnson v. Yellow Freight System, 734 F.2d 1304 (8th Cir.) cert. denied, 469 U.S. 1041, 105 S.Ct. 525, 83 L.Ed.2d 413 (1984). In Johnson, the court began by noting that the Supreme Court has indicated that administrative findings assessing claims of employment discrimination are admissible under Fed.R.Evid. 803(8)(C), see Chandler v. Roudebush, 425 U.S. 840, 863 n. 39, 96 S.Ct. 1949, 1961 n. 39, 48 L.Ed.2d 416 (1976), but upheld the trial court’s exclusion of an EEOC report in a jury trial under a Rule 403 analysis. Johnson, 734 F.2d at 1304-05.

Are you “Blameworthy”

It is the employee’s blameworthiness, rather than the employer’s, that is to be considered in determining eligibility for benefits.  See Adain v. Unemployment Appeals Comm’n, 523 So.2d 175 (Fla. 3d DCA 1988) (alien lost job when work permit was illegally revoked, thereby disqualifying him from receiving benefits due to his voluntarily leaving work); Neller v. Unemployment Appeals Comm’n, 510 So.2d 652 (Fla. 5th DCA 1987) (pizza delivery person who was unable to perform work because car became disabled was disqualified from receiving benefits); Florida Sheriffs Youth Fund v. Department of Labor, 436 So.2d 332 (Fla. 2d DCA 1983) (husband fired for misconduct, and wife then discharged from team counselor job and disqualified from receiving benefits, because employment required married couple).

Make an Appointment Now

As always, there are critical time limits involved in every unemployment case. Many people visit with us after it is too late for us to assist. Make your appointment now, and odds are that we can help you win your unemployment compensation appeal.