Legal Question in Employment Law in Florida

I was dismissed from my job for an arrest in which I was charged with two criminal charges. I have not been convicted of any charges and I am fighting my charges as well as my dismissal from my job (State of Florida Agency). I filed for unemployment and was denied. The reason given was "THE CLAIMANT WAS DISCHARGED FOR A VIOLATION OF THE LAW. THE CLAIMANT'S ACTIONS HAD AN ADVERSE EFFECT UPON THE EMPLOYER�. I filled an appeal stating that I am innocent of all charges. Due to the fact that I was never found guilty of anything I should not be treated as such. I know I will have a hearing and I am expected to submit whatever evidence I have. How will this process work with my pending criminal case? I don�t want to divulge any information that will harm my case. Also how can I be treated as if I am guilty of a crime that I have not even been to court about? Are the actions of my job and the unemployment agency legal?


Asked on 5/23/12, 5:04 pm

1 Answer from Attorneys
Eric Trabin Lucid Legal, PLLC

A person does have the right to be innocent until proven guilty in a court of law. But such a right does not necessarily extend to the workplace. Florida is an "at will" state which means that a person can be fired or pretty much any or no reason whatsoever, so long as it is not discriminatory based on race/religion/gender. An employer may lawfully terminate someone who has been arrested, even if they have not yet been convicted. Nonetheless, you still have the right to appeal a denial of unemployment benefits and may prevail, especially if the charges are dismissed.

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Answered on 5/24/12, 10:09 am


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