Unemployment question

[RMM34667]

FLORIDA

FIRST QUESTION. In FL am I entitled to a copy of my personel file if I request it in writing?

I've been doing some research on my own, and just wanted an opinion. I was fired from my job of 4 years. After the company announced that they had lost the contract we were working on and we would be layed off in 60 days an email was sent out about openings on another contract. Although I really didn't want to work on that contract my immediate supervisor told me to apply, then he arranged for me to recieve a copy of an assesment test. Within two hours of my applying for this opening I was offerred the same document by two other employees (one of which was also a manager). So basically I cheated on the test. (very bad judgement, however I was desparate to stay employed) After I had taken the test I was at another employee's desk who was studying for the same test with a copy of the test. She tried to hide the document but I saw it along with her answers. I told her an answer to one of the questions was wrong and we debated it for awhile. I then took her to my desk and showed her the answers to the test. This person got upset because I had the answers (of course she had no problem with her having the test to begin with). I got fired she didn't.

my unemployment was denied says CLAIMANT WAS DISCHARGED FOR FAILING OR REFUSING TO ADHERE A KNOWN COMPANY POLICY REGARDING CONFIDENTIALITY. THE CLAIMANT'S ACTIONS CONSTITUTE MISCONDUCT.

In my reseach on "Miscoduct connect to the work" I've read that the burden of proof is on the employer and that they must state specific policies that were breached. However I don't see how the relationship between what I did and any policy relating to confidentiality. I've also read that Bad Judgement is not grounds for denying Unemployment benefits. I've filed an appeal stating that I know of no POLICY that I broke, and that I was guilty of Bad Judgement and not Misconduct connect to the work. I could state that I was doing what my immediate supervisor told me to, however I DO NOT want that person fired. I was hoping it would take longer than the 60 days, cause he will be layed off as well, and then I could talk. I don't want to jepardize his employment or severence. I've made enough bad decisions already.

Any thoughts on my chances of getting Unemployment?

 

[pattytx]

You cheated on a test you were taking to retain your employment. Why would there have to be a written policy against cheating?

 

[RMM34667]

PattyTX Do you have any knowledge of labor laws in FL? If so do you know the answer to either of my questions? Do I have a right to obtain a copy of my personel file? And what are the chances of my getting unemployment?

And before you judge me let me just say people do desparate things when they feel they are in a desparate situations. It happened really fast and all I was thinking about was becoming unemployed. And since the test came from my manager I just took it.

 

[moburkes]

PattyTX Do you have any knowledge of labor laws in FL? If so do you know the answer to either of my questions? Do I have a right to obtain a copy of my personel file? And what are the chances of my getting unemployment?

And before you judge me let me just say people do desparate things when they feel they are in a desparate situations. It happened really fast and all I was thinking about was becoming unemployed. And since the test came from my manager I just took it.

Yes, PattyTX does, actually. And, no, FL is not one of the states that requires you to have a copy of your file. It appears that your chances are slim to none.

 

[pattytx]

Yes, PattyTX does, actually. And, no, FL is not one of the states that requires you to have a copy of your file. It appears that your chances are slim to none.

Thanks, Mo.

I didn't answer the personnel files question because I didn't know the answer. My answer to the UI claim question was implied in my response.

And, OP, WHAT labor laws in Florida? They have hardly any.

 

[cbg]

No. In Florida it is entirely up to the employer whether to allow you to see your personnel file, regardless of whether you ask verbally, in writing or by singing telegram. The law does NOT give you the unconditional right to see it.

I will be very surprised if cheating on a test is not considered misconduct. They should not have to write a policy to tell you cheating is wrong. Didn't your mother teach you that when you first started school?

 

[moburkes]

Your mother, your teacher, other students, friends, family, God, neighbors, your younger brother.

 

[RMM34667]

thank you for answering my questions. I hope you all have a perfect life with no mistakes. You all seem perfect so I guess that goes without saying. thanks

 

[RMM34667]

but then again I've been reading these forums for a few years. I know most of you get your kicks from composing witty answers to insult people who may not have made those perfect decisions. I've read them for entertainment value myself. Now I guess I've provided my share of entertainment.

Of course I have had some REALLY good advice when my decisions where correct and someone else were not. So I guess that this the true price of FREE ADVICE.

again thanks

 

[moburkes]

thank you for answering my questions. I hope you all have a perfect life with no mistakes. You all seem perfect so I guess that goes without saying. thanks

No, we don't have perfect lives. The only difference between you and me is that I *expect* to be disciplined when I violate company policy.