Florida Unemployment

[mapo518]

What is the name of your state (only U.S. law)? Florida.
I was fired from my job as a tile setter and as advised, filed for unemployment immediately. My benefits were denied with the reason being 'misconduct'.
Here's what happened. I over slept on July 21, I had taken sinus medication the night before and was really grogy. I woke up and called by boss. No answer on his phone and it did not go to voicemail. This happens if the boss does not want to take a call, he ends it. I received a call later in the day about 3:30 and he asked if I as quitting. I said no..He said then you are fired and hung up. I have only taken a sick or personal day about 4 times in the last 12 months. I have worked for this company for about 7.5 years, I have never be reprimaned or 'written up'. I tried callin my boss several times asking if we could meet and discuss my job. He would not return my calls. I have failed an appear for unemployment and the phone hearing is coming up at the end of the month. I am not a habitual tardy or absentee employee. As I said this happened this one time. Also other employees have not called in when they took off and they were not fired. What are the changes of winning an appeal in a case like this. thank you.....Jason

 

[HomeGuru]

What is the name of your state (only U.S. law)? Florida.
I was fired from my job as a tile setter and as advised, filed for unemployment immediately. My benefits were denied with the reason being 'misconduct'.
Here's what happened. I over slept on July 21, I had taken sinus medication the night before and was really grogy. I woke up and called by boss. No answer on his phone and it did not go to voicemail. This happens if the boss does not want to take a call, he ends it. I received a call later in the day about 3:30 and he asked if I as quitting. I said no..He said then you are fired and hung up. I have only taken a sick or personal day about 4 times in the last 12 months. I have worked for this company for about 7.5 years, I have never be reprimaned or 'written up'. I tried callin my boss several times asking if we could meet and discuss my job. He would not return my calls. I have failed an appear for unemployment and the phone hearing is coming up at the end of the month. I am not a habitual tardy or absentee employee. As I said this happened this one time. Also other employees have not called in when they took off and they were not fired. What are the changes of winning an appeal in a case like this. thank you.....Jason

**A: hard to say since we do not have the complete history.

 

[Antigone*]

What other employees do or do not do, has no bearing on your case. I do suggest that you complete the appeals process if you want a chance at winning that appeal.

OT~ HG, good to have you back. I missed you.

 

[swalsh411]

A single no-show is almost certainly not disqualifying misconduct. In addition you attempted to make contact with him in the morning and then later in the day said you were not quitting and he fired you. Based on what you have posted I would say your chances of winning the appeal are very good. Your position is very simple. You could not come into work that day, attempted to contact your boss but could not, and he fired you. You don't need to go into anything else.

What other employees do or do not do, has no bearing on your case.

Actually, when it comes to unemployment eligibility, it does. Inconsistent enforcement of a work rule can be a defense against a misconduct charge. For example, if an employer has a rule that employees must never visit facebook, but doesn't enforce it against other employees, it will be much harder for them to try and claim misconduct when they do decide to fire somebody for doing that.

 

[commentator]

Quote: "I have failed an appear for unemployment and the phone hearing is coming up at the end of the month."

What the heck?? If you do not cooperate with the stages of unemployment appeal, your chances of being approved go quickly to ZERO, regardless of what a wonderful case you had otherwise. Are you making your weekly certifications for benefits, even though not receiving them right now? You need to be doing that. If you haven't been, call in and re-open your claim.

After reading this post I have immediately got some definite questions for you, such as you might be asked in the hearing. A no-call no-show absence is considered gross misconduct in most cases. Going in to work late is probably not. If you were hit by a bus on the way in, were rushed to the hospital and were in a coma, that's an acceptable reason for a no call no show. Otherwise, in this day of cell phones and mass transit, it's always a good idea to keep on trying to get there or get through to them.

If the man was not answering his telephone, and it was not taking messages, you definitely could have made repeated calls. Did you do so? Do you have telephone records that show you didn't stop trying to reach the boss throughout the day while we assume you were sleeping because you had already overslept and just couldn't get there, if you do, they'd really help your case. If you were sick and could not go in, did you go to the doctor? A medical excuse would help your case.

Because you were "groggy" from taking over the counter cold meds and overslept is not justification for staying out of work all day. Why did you not get on up and go on in? Was the work at a great distance? Did you ride with the boss to the job?

If you received a call from him at 3:30pm, being a construction job, we assume you had already missed most of the day. What time did the job start? He called you at what sounds like the end of the day and asked if you quit. When you said no, he told you you were fired. Was there any policy in this company about no-call, no shows? Had you ever been warned that not showing up for work all day without a call in was grounds for termination? Had you ever seen it happen to other employees? If not, be sure and mention that in your hearing.

You have a chance here of winning the appeal, provided you show up and go through the process. It would also help if your boss doesn't show up, doesn't pursue it vigorously. But the weakest part of this is that you didn't go in all day, and you didn't continue to try to contact the job. Since you were later calling the boss and asking for your job back, you obviously could reach him sometimes.