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Employer requested a Florida Appeal Hearing

by Niloo
(FL)

Hello Chris,


I was hired 9 years ago in a chain fast food restaurant. in the beginning of 2012 due to relocating I also changed my restaurant to the new location in the same city.

First schedule I received was full time, as exactly as i was hired 9 years a go. Due to my chronic arthritis I asked my daughter to contact my manager and ask for accommodation to change my schedule from 40 to 32 hrs. ( can't speak English very well )

my previous manager said okay and all of the sudden the following schedule was about 18 hours a week?!!
I started begging for more hours, as I needed to pay my bills and rent, but she never responded me. finally one day she told asked me that how old I am and she told me that she is so sorry that I have to work a couple more years with my pains.

in March, my brother got sick and i asked for vacation to go and take care of my brother and my manager said I don't qualify because i don't work full time and I told her this is her decision that she made, I only asked for accommodation for 8 hrs less!

She told me to write my request and I can go without pay. I left the in middle of may country and after my brother passed ,I came back in beginning of June. When I came back the manager was changed and she would not schedule me for work. I went there a couple times to get my job back and finally she told me that they are slow and they don't need me now. I continued to go and beg and I saw a hiring sign on the door and I confronted her and she said this is for night shift , if I want it and I said yes!

I only worked 3 nights for 4 hours a week and they fired me because the last night I did not notify my supervisor that I was leaving and did not lock the door and put other life in danger!

This was not true, because he called me 5 minutes prior to my shift was over to leave and I finished my work and said good bye
and left!

I worked 9 years for this company and I was never trained for night shift and was never warned for this mistake also. What do you see in this situation?
isn't just discrimination of my age and disability that they took advantage of one mistake that I was never trained for??
I asked about any training and the general manager referred to a handbook that I was given on my hiring date 2004!!!

now I asked for discover and they have not responded yet, I don't know what should I expect in my hearing and what should I say!!!

I am also worried if they lie about verbal training or if supervisor tell me that I didn't notify him of leaving? basically if they lie!!!

Please give me some advice!

Thank you,

P.S I have forwarded all my medical record and my paychecks that was reduced + and also request for discovery!



Hi, Niloo,

Did you request an interpreter for your appeal hearing? If you can't speak English well you're entitled .. and need one in addition to the hearing rep I believe everyone should have for a hearing .. in case your employer in fact, lies.

In addition to that, you told me you left work and didn't lock up or something along those lines. Were you a key holder?

The problems and the advice you need here are bigger than just unemployment. When an employer lies (and everyone I call an employer .. I'd be calling employee if they were to be fired or quit) it's usually because they are covering up some other wrongdoing. It may be that lying is the only way they see to avoid posing further potential liability to the company, or the obvious risk .. the truth would get them canned as well.

If I were you .. I wouldn't only be curious about whether the employer (a manager) was openly doing things considered age discrimination, addressed by the Civil Rights Act, but violating other rules and laws such as the Family Medical Leave Act and possibly the Americans with Disability act.

Not that a legitimate discharge for misconduct can be overridden by focusing upon other employee rights in the workplace, but that they fired you for a reason other than misconduct, or in contradiction to the employers own policies.

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