Legal Question in Employment Law in Florida
Unemployment
Is it legal for a former employer to divulge personal information to the unemployment agency (ie, relationship information, personal information such as defamation of character. etc). Also is it unlawful for them to contest your unemployment if they terminated you?
3 Answers from Attorneys
Re: Unemployment
Chapter 443.041(3), Florida Statutes creates a privilege for communications between an employer and the Agency for Workforce Innovation which administers the unemployment laws. So, you can't bring a claim for defamation over what is said or written about you in any claim for unemployment compensation benefits.
As far as contesting the unemployment laws, they can do this if they fired you, but they bear the burden to prove that your employment was terminated for "misconduct" as that term is defined in the unemployment laws. The unemployment laws are designed to grant benefits as the default position and they are liberally interpteted in favor of claimants.
If they are being contested, you should consult with an attorney to determine whether to pursue your right to these benefits.
Re: Unemployment
There is nothing wrong with contesting an application for unemployment.
The employer can disclose all kinds of things about you, but cannot slander you.
Re: Unemployment
There is nothing wrong with contesting an application for unemployment.
The employer can disclose all kinds of things about you, but cannot slander you.
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