Unemployment Appeal - Florida

[lowsgt]

What is the name of your state? Florida.

I have a telephone hearing with unemployment on the 7th. The company that fired me is appealing my unemployment. I understand this is probably standard procedure. But i'm still quite nervous.

Here's what happened, my boss called me up and told me to come and watch a video. When i get there she shows me a peice of paper with something circled. I work at a gas station, and each time we do a drop, we have to write it down how much and which drop envelope we use. In this case it was envelope number 9 was written with 50 dollars in it. Now somewhere between me writing it down and putting the money in it, i lost the envelope. No i did not steal it, i probably misplaced it or dropped it and didnt pay any mind. I thought i had dropped it because i had done it so much. Well anyway i was fired for failure to follow drop procedure. I applied for unemployment about two-three weeks after. Now apparently the company is appealing my unemployment. On the grounds that i was short in my register. Should i be worried? From what ive been told you can be denied unemployment on the basis of misconduct and voluntarily quitting. But dont know. Any help would be appriciated. I have been looking for jobs, with no luck.

I applied for unemployment at the end of Feburary, i was fired on the 2nd of Feburary, and the appeal apparently has been in the works since mid march.

 

[Beth3]

Just tell the UC adjudicator what happened. The odds of your prevailing are 50/50 at best though. You failed to follow company procedure and misplaced/lost the cash envelope.

 

[fairisfair]

What is the name of your state? Florida.

I have a telephone hearing with unemployment on the 7th. The company that fired me is appealing my unemployment. I understand this is probably standard procedure. But i'm still quite nervous.

Here's what happened, my boss called me up and told me to come and watch a video. When i get there she shows me a peice of paper with something circled. I work at a gas station, and each time we do a drop, we have to write it down how much and which drop envelope we use. In this case it was envelope number 9 was written with 50 dollars in it. Now somewhere between me writing it down and putting the money in it, i lost the envelope. No i did not steal it, i probably misplaced it or dropped it and didnt pay any mind. I thought i had dropped it because i had done it so much. Well anyway i was fired for failure to follow drop procedure. I applied for unemployment about two-three weeks after. Now apparently the company is appealing my unemployment. On the grounds that i was short in my register. Should i be worried? From what ive been told you can be denied unemployment on the basis of misconduct and voluntarily quitting. But dont know. Any help would be appriciated. I have been looking for jobs, with no luck.

I applied for unemployment at the end of Feburary, i was fired on the 2nd of Feburary, and the appeal apparently has been in the works since mid march.

Just tell the truth. actually I disagree with Beth, I believe your chances are a little better than 50/50. You do not mention having been disciplined for this before. Just because you made a mistake does not indicate a willful disregard for the best interests of the company.
The burden will be on the employer to show that you wantonly disregarded policy causing them harm.

However if the video somehow shows that you purposely absconded with the money, you can bet you aren't going to be getting unemployment and you are lucky not to be getting a day in court.

 

[lowsgt]

The video doesnt show what happened to the money. it just shows that it was in my hand before i stepped off screen, then it wasnt the next. when i come back in my hand is in my pocket but i was looking for my lighter. that i remember.

 

[Zigner]

I am predicting somewhat less than 50/50

 

[lowsgt]

This is from the unemployment website

An individual may be eligible for benefits if the discharge was for reasons other than misconduct. Misconduct is defined as intentional or controllable acts or failures to take action, which show a deliberate disregard of the employer’s interest. Inefficiency, unsatisfactory job performance, inadvertencies or ordinary negligence in isolated instances or good faith errors in judgment or discretion are not deemed to be “misconduct” within


I was fired for failure to follow drop procedure. Which was me dropping the envelope somewhere. They're appealing my benefits because I was short. This wasnt a gross misconduct as far as i know.

 

[seniorjudge]

This is from the unemployment website

An individual may be eligible for benefits if the discharge was for reasons other than misconduct. Misconduct is defined as intentional or controllable acts or failures to take action, which show a deliberate disregard of the employer’s interest. Inefficiency, unsatisfactory job performance, inadvertencies or ordinary negligence in isolated instances or good faith errors in judgment or discretion are not deemed to be “misconduct” within


I was fired for failure to follow drop procedure. Which was me dropping the envelope somewhere. They're appealing my benefits because I was short. This wasnt a gross misconduct as far as i know.

So misconduct would be something like this?:

Now somewhere between me writing it down and putting the money in it, i lost the envelope. No i did not steal it, i probably misplaced it or dropped it and didnt pay any mind.

 

[lowsgt]

Wouldn't that be more like a good faith error? If i misplaced the envelope with the money in it? I didnt take it intentionally or unintentionally?

 

[cbg]

I personally agree with Beth, but we're not the ones you have to convince. The only one whose opinion counts is the ALJ.

 

[lowsgt]

I personally agree with Beth, but we're not the ones you have to convince. The only one whose opinion counts is the ALJ.

yeah i suppose you're right, i just hate hearings and all, plus im jsut trying to not worry about it. Money is bad enough as it is, not havving a source of income for a week is going to hurt me.

thanks anyway