Fired and given the excuse "not working out"

by LEB
(Cape Coral, Floirida)

Hello,

I worked at a law firm (yeah, good luck to me) in Fort Myers, Florida from July 13, 2009 up to March 8, 2010. I filed for unemployment benefits on March 8th, the same day I lost the job.
On March 26, 2010, I called the Florida Unemployment Agency and was informed that the claim is being reviewed, that is pending approval because I was discharged. When I filed the claim and asked for the reason, I entered the choice "poor performance" or something to that nature. I may be denied benefits. Based on the following, what do you think my chances are on being denied benefits? What option should I have chosen instead?
The boss fired me because he thought there was a scheduling error. He said to me "don't take this personally, you're a nice person, but it's just not working out." So he said, "good luck" and I got my things and prior to walking out, I showed the office manager that I did not change anything on the schedule, that it was his mistake as he did not look at the schedule for that morning, that the schedule had been the same since November 2009, and that I showed and confirmed with his Paralegal before sending out proper notice and filing the notice of hearing with the court. The office manager, the legal assistant, and the Paralegal showed him that I did not make the mistake. However, the Paralegal "threw me under the bus" and lied prior to the manager's and assistant's research, saying that I did make a mistake on the schedule; however, upon manager's and assistant's research, it was determined that i did not
make this mistake (a mistake had been made prior, so it did put me on the "red list"). For this incident, the Paralegal will not back up my confirming the schedule with him before noting the calendar and all appropriate persons.
What can I do to prevent denial of my benefits and avoid having to appeal while having zero income coming in? the rent is due, the bills are due... i have zero $ to eat and no one to assist me financially. PLEASE HELP and thank you in advance.



First of all, there is an actual FL attorney website that comes right out and says Florida is denying claims initially, right, wrong or indifferent .. in hopes that claimants won't appeal.

But I if I were you I'd stick to what the attorney told you .. that you weren't working out .. you're a nice person and all, but you're fired.

That is not enough to sustain intentional misconduct .. in even the toughest of states.

Did the attorney have an employee policy you could use? Did they have a progressive discipline policy that was not adhered to?

Inadvertent mistakes made in good faith are not considered misconduct .. so how can a scheduling mistake that was confirmed to not have been made by you be considered misconduct.

Do you think that those people who still work there and know you didn't make the mistake would sign a written statement on your behalf .. I know you think this might be a stupid question .. but some people actually have a more developed sense of what's right and fair.

Additionally, you might get lucky and the office manager might not protest:)

Click here to post comments

Return to Unemployment Benefits Questions.

} }