R
rich redolphy
Guest
florida...my son was hired as a full time bartender and was terminated in april after 1&1/2 years of very good performance. the reason was "misconduct" and this misconduct was for not using a shot glass to measure syrup type liquors. he did this occasionally (during rush hours/happy hour)and believed he was saving time and serving his customers faster by not having to stop and wash each sticky shot glass after use. he did use shot glasses for typical whiskey drinks which did not require washing after every use.
this offense, although not specifically listed in the employee manual, appeared to be a "minor infraction or procedural problem" which should have been handled by "management counseling in private" which did not happen. alledgely, a "writeup" was put into his file, however, he was never advised of this "misconduct" prior to his termination although his employeer contends otherwise.
the employee manual says that "major infractions such as un-excused lateness or major performance problems will be documented with a written warning. A second major offense could result in a suspension. The third occurence of the major rule violation could result in termination." how can you be released for one minor infraction when you appear to be allowed at least 3 major infractions??
his action, in his opinion, certainly does not fit the misconduct definition found in florida statute 443.036 (26)
and the opinion of fla 3rd dca 1992 in the case of beneitez v. girlfriday, inc 609 so. 2d 665,666.
because his employer told the unemployment board that he was dismissed due to misconduct, unemployment benefits were denied. the appeal was not filed within the 20 days because of fear that he would be blackballed which ultimately happened even though management said that they would not do so if he left "quietly". once he found out that they were providing a "no re-hire" status to employers that he applied to, an appeal was filed but was denied due to exceeding the 20 day limit. he would like to appeal this ruling to the next level but again, but fears a negative input for a ongoing background check for a civil service job. the employeer really has a big hammer with a "no re-hire" position for future job references.
he believes that he was released due to the seasonal business being way down and also since he didn't quit after his hours were cut by 60% and assigned a schedule that provided virtually no opportunity to make decent tips. in other words, an excuse for termination and one that saves his previous employer's unemployment account from being charged.
is there any recourse for recovering the due unemployment benefits and/or punitive damages?
thank you.....
this offense, although not specifically listed in the employee manual, appeared to be a "minor infraction or procedural problem" which should have been handled by "management counseling in private" which did not happen. alledgely, a "writeup" was put into his file, however, he was never advised of this "misconduct" prior to his termination although his employeer contends otherwise.
the employee manual says that "major infractions such as un-excused lateness or major performance problems will be documented with a written warning. A second major offense could result in a suspension. The third occurence of the major rule violation could result in termination." how can you be released for one minor infraction when you appear to be allowed at least 3 major infractions??
his action, in his opinion, certainly does not fit the misconduct definition found in florida statute 443.036 (26)
and the opinion of fla 3rd dca 1992 in the case of beneitez v. girlfriday, inc 609 so. 2d 665,666.
because his employer told the unemployment board that he was dismissed due to misconduct, unemployment benefits were denied. the appeal was not filed within the 20 days because of fear that he would be blackballed which ultimately happened even though management said that they would not do so if he left "quietly". once he found out that they were providing a "no re-hire" status to employers that he applied to, an appeal was filed but was denied due to exceeding the 20 day limit. he would like to appeal this ruling to the next level but again, but fears a negative input for a ongoing background check for a civil service job. the employeer really has a big hammer with a "no re-hire" position for future job references.
he believes that he was released due to the seasonal business being way down and also since he didn't quit after his hours were cut by 60% and assigned a schedule that provided virtually no opportunity to make decent tips. in other words, an excuse for termination and one that saves his previous employer's unemployment account from being charged.
is there any recourse for recovering the due unemployment benefits and/or punitive damages?
thank you.....