Brevard County Legal Aid and Community Legal Services of Mid-Florida are working together to assist those denied unemployment compensation
Know Your Rights
Were you fired from your job?
If you were fired, you may still be eligible for unemployment benefits. If you were fired because of misconduct, you may still be eligible for benefits.
What is Misconduct?
To deny unemployment compensation, an employer must show misconduct connected to work. The law requires that this conduct be intentional or deliberate on the part of the employee and the conduct is against the interests of the employer's business before it can be considered to disqualify an employee from benefits.
Examples of misconduct:
- Knowing violation of reasonable company rules
- Stealing from your employer
- Starting a fight on the job
What is not Misconduct?
Just because an employer calls it misconduct does not mean that the conduct satisfies the legal definition which would disqualify you from unemployment compensation benefits. You can still be eligible for unemployment compensation if you were discharged for the following:
- You are too sick to go to work
- You refused to perform a dangerous task after you tell your employer about the danger
- Your work is not good enough even when you have tried your best
Also, minor misconduct may not be disqualifying if it is an isolated incident.
Other examples of conduct that has been found not to be misconduct connected to work are:
- absence due to domestic violence
- single isolated act of negligence
- brief absence due to a family emergency
Be aware that even if the employer is alleging serious misconduct, they have the burden to prove it.
Every case is different.
Depending on the facts of your case, you may be entitled to unemployment compensation benefits.
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Employment Law Program for Low Wage and Immigrant Workers.
1. You have the right to a minimum wage.
The Florida Minimum Wage Act (FMWA) requires most employers to pay most employees at least $6.67 per hour.
2. If you are an employee that gets tips, your employer may need to pay you $3.65 per hour.
3. You must be paid for all hours worked in a workweek.
Most employee's hours include all time on duty or time at a prescribed place of work and possibly travel time, waiting time, training time, and probationary periods.
Example:
An employer must pay you for the time spent waiting if you are not free to leave the premises and use the time for your own personal purposes.
4. You may have the right to overtime pay.
If you are an employee covered by the law, you have the right to receive one and a half times your regular pay rate for every hour over 40 hours worked in a workweek.
Example:
If your regular rate is $8.00/hr, your employer should pay you $12.00/hr for each hour over 40 hours that you worked that week. Therefore, if you worked 50 hours in one week, you should earn: ($8.00 x 40 hrs) + ($12.00 x 10 hrs) = $440.00 for a 50-hr workweek.
5. Your employer may be taking improper deductions from your check.
An employer is not allowed to make deductions that bring your hourly cash pay below $6.67 per hour unless certain guidelines are met.
Example:
Essential tools, uniforms, and safety equipment: These items should generally not be deducted from wages, if the deduction reduces the wage below the minimum wage.