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How can I fight a denial of unemployment when I have NO idea why I was denied? Florida

by Barbara

I was let go from my job after 6 years of employment with the reason given that we were going on different paths. I was thanked for being an excellent employee but the owner felt this was a necessary decision. I was never written up or reprimanded in any way in the entire time I worked there. I worked my way to the top and was one of the top performers as far as sales and clientele. I filed for unemployment and after 7 1/2 weeks I was sent a letter stating I was denied due to willfully failing to meet the employers job requirements and misconduct connected with work. What?? I didn't do anything wrong so although I filed an appeal I have no idea how to proceed. This is a small business with 20 employees and we have been like a family. 4 months prior to my dismissal 3 employees left to open their own business and it was a very bad scene. One of them was my best friend and the other 2 I was very close with. I admitted to my boss I had thought of leaving with them but realized it would be a mistake and I was more than happy where I was. In the end I feel she let me go because of what they did and it hurt her business terribly. But it wasn't MY fault! I worked my tail off after they left and again proved what a valuable employee I was. So I guess my question is how can I win this? She obviously said something for them to believe her and deny my benefits but can they only go on her word? Can I be denied my appeal without her having some type of proof I did something wrong? Lastly, how do I fight something when I truly have no idea what I could have done to get fired?

Hi Barbara,

Let me give you a rundown on a part of the "process" that
isn't written down anywhere.

A state is not suppose to deny unemployment unless an employer can show that you or anyone is discharged for misconduct. What should go along with any employer protest to benefits .. is the proof .. which I call "documentation" and this usually includes written warnings, rules, claimant's signed acknowledgment of rules .. etc.

Without these things most of us would normally expect benefits to be given at first, but followed up by an employer appeal and the documentation would then be submitted for the unemployment hearing.

But it doesn't always happen like this. And the scuttlebutt is that Florida is denying as many people as possible on the first go around as possible.

You fight it with the truth. Let's say this employer shows up at that hearing with no documentation to prove that you were warned about failing to meet the job requirements .. per the employer's policy.

This is in essence like the state giving someone benefits for quitting for personal reasons ..

When you receive your hearing notice you should also receive any documents the employer submitted .. and if there are none .. the employer just like claimants is expected to follow the same hearing procedures to make sure all parties are provided with any documentary evidence they might use.

Out of curiosity, when you filed for unemployment .. did you say that you had been laid off or discharged?

This is a very general discussion about what you might do, but any weight you can think of to add to your testimony at that hearing will help.

You have the ability to subpoena anyone or any documents that could help your case .. and don't you let anyone tell you any different. This is what gives you the ability to corroborate or rebut what the employer might testify to .. and from what you've told me, the employer is willing to lie .. proving that the employer is lying would damage her credibility. It's a must do.

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