Legal Question in Employment Law in Florida
Unemployment denial
Unemployment compensation-I recently resigned my postion at work due to health reasons as directed by my physician. I filed for unemployment and was denied due to the fact that ''I never asked for a leave of absence to maintain my postion.'' I was never offered this option, nor was I offered any information on this from my employer. Now I have a hearing coming up and I'm wondering what the employer will say at the appeal.
2 Answers from Attorneys
Re: Unemployment denial
The unemployment law technically says that you may quit your job and still receive unemployment benefits if their was good cause attributable to your employer for why you left. However, your case may be a tough situation in light of the reason provided by you for leaving. If you'd like further assistance with potential representation at your hearing, please feel free to contact me at (305) 755-9441.
Re: Unemployment denial
First, I am sorry to hear of your health problems and predicament. I hope things work out for you.
About your question, I do not concentrate in unemployment law, so please bear in mind that this is not the last word on the subject. However, as I understand it, Florida will pay unemployment when an employee is forced to leave work for medical reasons.
Most importantly, then, you need to bring copies to the hearing of your medical records from your doctor which show that you were prevented from working due to the condition.
It would be most helpful if the doctor would write a letter for you explaining what the condition is and why it prevented you from working. He/she should be clear that you had no choice but to quit in order to protect your health.
You should request the letter and copy of the records from him/her right away. In any case, be sure to get them prior to the hearing and present copies to the hearing examiner.
As for your employer, it would be nice if they agree that you quit because of your medical condition, but there really is no way for them to know unless you gave them medical documentation. It is unlikely that they will say anything harmful in this situation (if you want, call them and ask if they will send a representative to the hearing and what they will say), but you just need to concentrate on proving that you quit due to your health.
As for the failure to ask for leave, I do not believe that the law requires you to request leave. However, you should also make it clear at the hearing that you were not offered any leave when you resigned and thus had no option at that point. You also need to be able and willing to work now in order to get benefits.
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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