Legal Question in Employment Law in Florida
Unemployment Compensation Appeal
I am filing an appeal for unemployment compensation and have a hearing in about 1 week. This is the appeal explanation I submitted, and I just wanted to know what else they may need in order for me to obtain my benefits: On the job application, I was asked if I was ever arrested, charged, or convicted for crimes other than minor traffic violations. I said yes to a DWI I had in 1998. I had gotten another DWI in 2000, but the Judge unconditionally discharged this one. I asked the person holding the interviews if I needed to put this one down, and was told I didnt. So I didnt. If I was going to intentionally falsify, I wouldnt have put anything down. I have several managers that will verify I have never been counciled for misconduct and I excelled in my job duties. The point I am trying to make is that entering wrong information on an application does not constitute misconduct if it was done unintentionally.
2 Answers from Attorneys
Re: Unemployment Compensation Appeal
Sounds like you are already know what your best argument is . . . stick with it and hopefully the appeals referee will side with you.
Re: Unemployment Compensation Appeal
It appears you are saying that you were fired for falsifying your application. If that is the case, be sure to make it clear to unemployment that you disclosed the second DUI but were told that you did not have to list it on the application since it was discharged. Be sure to tell unemployment who you disclosed it to, and who told you not to list it on the application.
Also, do not admit that you failed to list something that you should have. Rather, stick to your guns that you disclosed everything you should have, and were specifically told not to disclose the second DUI.
BTW, be prepared for the employer to claim that you were never given permission not to list the second DUI, and for the person who told you not to to claim differently now. (You could call that person as a witness at the hearing if you know he or she will back up your story.)
Good luck.
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.)
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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