Legal Question in Employment Law in Florida
Promises made at unexpected termination not kept; now won't return any calls
Hello. A friend was terminated by her employer. The reason given was office restructuring for which her ''services were no longer needed.'' However, her ex-employer told her she would pay her 2 weeks severance and one month of her medical insurance, as well as give a positive reference to any future job offers. She has yet to hear from her past employer (12 days now) and no calls have been returned. Today, she learned her unemnployment benefits are being denied due to comments her ex-boss' husband made. My questions to you are as follows:
1. What is the procedure for collecting her personal belongings from the property? Should she show up unannounced or inform the secretary she will be there at a certain time and date?
2. Is there anything binding her ex-employer to her promise of severance pay and insurance payments?
She was depending on these promises to help offset her monthly expenses while searching for a comparable paying job.
3. What is the course of action to rebut the information supplied to unemployment? Due to these untrue statements, she is now fearful her ex-employer will give a non favorable reference.
Thank you for your time.
1 Answer from Attorneys
Re: Promises made at unexpected termination not kept; now won't return any calls
1. There is no definite procedure for collecting her personal belongings, but I would suggest a written request that the belongings be returned, or made available to be picked up, within 5 days of the request. If the ER fails to respond, you could consider filing a criminal complaint with the police.
2. There is no binding effect as a result of the ER's apparent promise. Unfortunately, there is no legal recourse on this issue, even though it would appear to be an "unfair" situation.
3. She can contact the Agency for Workforce Innovation, the Florida agency who handles unemployment claims. Usually, however, they will contact the claimant and ask for some information. If not, she will likely have her claim denied and will then have to file an appeal within 20 days of the initial determination.
Finally, Florida law now gives employers immunity when they make employment references as long as the information being communicated isn't "knowingly false."
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