QUESTION
What can I do if my former employer is appealing unemployment benefits?
Asked on Mar 05th, 2012 on Labor and Employment - Florida
More details to this question:
My former employer is attempting to appeal my unemployment benefits. I was fired for misconduct for getting drunk and belligerent at a bar AFTER the work holiday party was over. It was just my manager and one other employee. We went to a different location after the party. Since my work record was sound (with the exception of an unexcused absence and a couple of tardies in a 20 month period), do I have a good chance of keeping my benefits since this all happened outside the workplace and well after the "sponsored" party was over?
2 ANSWERS
If your unemployment benefits get denied, you should file an appeal. You can get an attorney to represent you if you like. If you appeal, there will be a hearing conducted by phone and you will get the chance to state your side. Based on what you said, I think you have an excellent chance of success.
Answered on Mar 07th, 2012 at 5:36 PM
Probate & Trust Attorney serving Fort Lauderdale, FL
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Robert J. Slotkin
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If you are advised that you are disqualified from receiving benefits, you should appeal (do this right away). An appeals referree will be assigned to your case and you will be invited to a telephonic hearing. Here is the rule: you are disqualified from receiving benefits if you were fired for "misconduct in connection with the work." It doesn't sound like this was misconduct relating to your work so you should win.
Answered on Mar 07th, 2012 at 2:34 PM