Legal Question in Employment Law in Florida

falsifying employment records

I was hired by a convenience store on 10/02/2002 and fired on 07/20/2003 for supposedly falsifying employment records. I answered no to have you ever been convicted of, plead guilty or no contest to anything other than misdemeanor traffic. I plead no contest to NSF in 1999 and did not leave this off the application for any other reason other than oversight. I was an exemplary employee and this was only discovered after I submitted application for promotion to asst. manager. Had I intentionally lied on the application I never would have submitted for promotion as this was my husband and mine only income...he is disabled and not yet receiving disability. I had been very open with my manager about my past...alcohol and drug abuse, recovery, etc. She was as distraught as I over my discharge. I have been denied unemployment, even after appeal for ''workplace misconduct''...Do I have any legal recourse?


Asked on 9/16/03, 9:34 pm

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: falsifying employment records

You can file a notice of appeal to the Florida Unemployment Appeals Commission within 20 days of receipt of the appeals referee's decision. You then must file a writteb brief with the Comissions outlining your arguments. Because a written brief depends heavily upon citing the proper legal standards and relevant authority, it would be beneficial, if possible to retain counsel at this point. However, because an appeal brief will typically cost at least $1,000.00 for an attorney to prepare, the cost may be prohibitive. However, if you'd like further assistance, please feel free to contact me at (305) 755-9441.

Read more
Answered on 9/16/03, 9:41 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Florida