Legal Question in Business Law in Florida

Termination of Employee for Insubordination

The State of Florida is an employment at will state, and the termination of a job can be done without cause by either the employee of employer. However, that employee is entitled to unemployment compensation except for specific cause. What public site in Florida or Federal web site, do I go to to find these specific reason. I have an X-employee that quit twice, allowed to return, encited other employees to confrontation, and became angry and insolent to office personel, later insubordinate to the owner. He was interviewed, and cautioned about disloyal conversations with other employees, the discussion of pay and bonus compensation, became increasingly angry and finally openly insubordinate to the owner...me. Even after this he was asked to stop his inappropriate comments, and allowd time to calm down and salvage his job. In a rash decision, he quit, and was allowed to return, but following no change in attitude, he was finally terminated for these actions that were contrary to office policy and for insubordination. What grounds of termination are reason for prevention of access to unemployment compensation by Florida Law?


Asked on 3/02/06, 10:36 pm

1 Answer from Attorneys
Thomas Shigo The Shigo Law Firm, P.A.

Re: Termination of Employee for Insubordination

Decisions to rehire or terminate problem employees must be made only after careful consideration and planning. There are 2 basic ways in which a former employee can be denied unemployment: 1.) if they quit for personal reasons [basically for reasons not attributable to the employer or for medical reasons]; or 2.)if they are discharged for misconduct. Misconduct is defined as some intentional act that shows deliberate disregard of the employers interests. Isolated instances of insubordination is probably not enough to deny the terminated employee unemployment. However, your ability to prove the nature, frequency and severity of insubordination through contemporaneous written documentation (provided to the employee at the time) and credible witness testimony may have the potential to raise the employee's conduct to deliberate disregard. The Florida Agency for Workforce Innovation has a web site with some information. www.floridajobs.org/unemployment/default.htm is their web site. You probably need to consult with an employment attorney if you wish to appeal an award of unemployment.

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Answered on 3/03/06, 9:50 am


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