Protecting the Rights of Workers
and All Employee Rights Cases
Wrongful termination is defined as a situation where an employee is discharged from employment for without a legitimate basis. In Florida, unless the employess has a contract for a specific term, or bargaining agreement, the is considered as being employmed at will, which means your employer doesn't need a reason to fire her/him. However an employee can be wrongfully terminated if discrimination or retaliation is involved in the termination, then the employee may have a legal basis for challenging the termination.
When you are terminated you may not be eligible for unemployment compensation. If you are not sure whether you're eligible for unemployment, check with your state unemployment office to determine your eligibility for unemployment compensation. If your claim is denied you will be able to appeal and explain the circumstances of your termination.
To be eligible to collect unemployment, you must be out of work through no fault of your own to qualify for unemployment benefits.
If you are laid off, lose your job in a reduction-in-force (RIF), or get "downsized" for economic reasons, you will meet this requirement. And, if you arefired for a reason like you weren't good at the job or you didn't have the skills to perform the job, you should be able to collect benefits. But, employees who are fired for misconduct connected with work may not qualify for unemployment benefits. Misconduct is defined as an intentional or controllable act (or failure to act) that shows a deliberate disregard of the employer's interests. An employee who is fired for performance problems, carelessness, inefficiency, or good faith errors in judgment will ordinarily qualify for benefits.
If you quit your job, you won't be eligible for unemployment unless you had a good reason for doing so relating to your work or a personal illness or disability. If you left your job because your spouse was transferred by the military, you will remain eligible for benefits. And, if you left a temporary job because you were recalled by your permanent employing unit within six months after termination, you will be eligible for benefits.
If you have questions or concerns regarding Wrongful Termination, Retaliation, Hostile Work Environment, or other Labor and Employment Law issues or disputes, please contact Orlando Attorney - Lawyer N. James Turner.
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