Legal Question in Employment Law in Florida

Employer falsifying termination reasons to Fl. state to prevent me from collecti

My employer laid off due to in his words: ''There is no work and I could no longer afford to pay you''. He told the state that I was fired due to a poor attitude. He is trying to prevent me from collecting unemployment compensation.

He also has not paid me my last check or given me and my family the medical insurance that he promised to give me after 30 days. He hired me 6 months ago.

What is my recourse in this situation?


Asked on 4/09/04, 9:57 am

1 Answer from Attorneys

Re: Employer falsifying termination reasons to Fl. state to prevent me from coll

Poor attitude is not a reason for the state to deny unemployment benefits. If the benefits have been denied anyway, make sure to appeal and explain that you were told you were laid off and never talked to about performance or attitude.

In the appeals hearing, make sure that the employer is asked if there is any proof of your alleged bad attitude.

As for the pay, you can contact the US Department of Labor, wage and hour office, for assistance.

As for insurance, I do not know whether the employer promised to pay for your insurance, or allow you to elect COBRA which is the continuation of insurance that you pay for yourself. In any case, you might demand in writing that the employer grant you what you were promised. You can threathen to take him to court otherwise. If it is a small amount monetarily (depending on how much the insurance costs), you could actually take him to small claims court. If not, and it is worth pursuing, you might hire an attorney to draft a demand letter and call the employer for you.

If you want to discuss your options, please call for a free consultation.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 4/09/04, 10:51 am


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