Legal Question in Civil Litigation in Florida

I was unfairly and embarrassingly discharged from my job of almost 5 years. I was informed today that I was discharged from misconduct by unemployment. Not only have I been wrongly denied unemployment, but I have been belittled, abused, and embarrassed by the Vice President and CEO of the company who terminated me on 11/18/2010. I would like to know what steps and measures I should take in filing a lawsuit against the company.


Asked on 12/23/10, 2:11 pm

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

You were probably an employee at will (not a tenured teacher or government employee). This means that you can be fired for any reason, or for no reason, so long as you aren't fired for a bad reason. Bad reasons include discriminatory reasons, for a protected characteristic. Since you were employed for 5 years, it's unlikely that you suddenly developed a race, religion, gender, or disability that caused your employer to not like you.

You can file a suit against your company. In order to do this, hire an attorney who specializes in employment law. When you meet with your attorney, take your checkbook with you, as you will be expected to pay an engagement fee, and costs up front. This up front payment may be in excess of $5,000. Also be prepared to have your attorney depose your former boss, and co-workers to have them state, on the record what they know about your work habits, and specific instances of conflict or "misconduct". Also be prepared to have your employer's attorney depose you, take your testimony under oath, and he/she will ask you about this instance as well as every other detail of your five years of employment, and probably a lot of questions about your personal life that have nothing to do with employment, but may lead to discoverable "problems" that you have, that may have contributed to the "misconduct".

If your case makes it through motions to dismiss, and you are unable to settle through mediation, then be prepared to have all of the deposition testimony rehashed during a trial.

AND/OR

You can file a dispute with unemployment, to see if unemployment can get a more definite statement from your former employer, and you may even be able to collect unemployment benefits after a waiting period.

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Answered on 12/28/10, 5:02 pm


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