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Fired for missing shifts at work in Florida

by michael
(fort lauderdale florida USA)

I am a server and the reason for being let go was that I had three no calls no shows within a month.
The first incident was a no call the second one in question was not considered a no show in my book ...i was already at work serving lunch and i was on stand by for dinner. I was told at the beginning of dinner i was not needed and clocked out and left. Another manager informed me the next day i was considered a no show for not staying on for a dinner shift but i was unaware i was needed at all.
the third incident leading to my dismissal was that I simply took a nap and woke up late and called work two hours after my shift had already started. I was told not to come in and that i lost my shifts for the week. After contacting the restaurant every day following I was not informed until the following Friday morning that I was indeed fired.

Hi Michael,

Have you filled out a Florida unemployment application yet?

It's going to come down to what the employer's policy says. If it requires three instances I do see a potential problem with the second warning...if a manager told you that you weren't needed and they still counted this as one instance. The fact that they first eliminated shifts as what could be construed as a punitive measure and then fired you a week later doesn't help them either. The final incident could possibly be considered a no call/no show depending on their policy.

It's best to know what the employer's policy is at the time you apply for unemployment so you can raise the issue of how the employer failed to follow their own policy then. If you are denied unemployment you can appeal and a judge will further develop the facts about who, what, when where, why.

Often times a person just need to file to see what's going to happen. I just think that we need to be aware of the information that the state is looking for to allow us unemployment.

I'm talking about the truth not a fabrication. Most often a claimant's best information is revealing to the state how the employer failed to follow their own policy in our situation.

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