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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33167
Experience:  JD, BBA, recognized by ABA for excellence.
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I recently let go of an employee within the 90 day probationary

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I recently let go of an employee within the 90 day probationary period. He filed for unemployment benefits, was awarded them and they are being charged to my account. The reason given for charging my account was that he was discharged for other reasons than misconduct. I didn't realize that I needed a reason as long as it was during the 90 days and he was made aware of the policy.

Thank you

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am working on your answer now and will post it here shortly. Thank you for your patience while I prepare your answer.

Hello again, Ken.

The law does permit FL employers to terminate employees without good cause, even following the 90 day probationary period, and the employer typically has no recourse against the employer for such termination.

However, the threshold to qualify for unemployment benefits requires that the employer prove an employee was terminated for good cause, even during the probationary period, to avoid having to pay unemployment benefits to a terminated employee.

Here is a link which sets out the circumstances which typically makes an employee ineligible for benefits, including termination for good cause:

http://law.onecle.com/florida/labor/443.101.html

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 3 years ago.

So just to be clear, I must have cause to fire someone during the 90 day period if I don't want the benefits to be charged to my account. Is unsatisfactory performance a "cause"? Some new hires are just not cut out for the position they were hired for. I've owned this business for over 6 years and have fired many people during their 90 day period and this has never happened. Do you have any suggestions of what I should do or say so this will not happen again in the future?


Thanks again.

Hello again, Ken.

That is correct. Unsatisfactory performance does not typically give rise to good cause which would disqualify an applicant for unemployment benefits.

To avoid benefits being paid to an employee, it is typically best to provide them with notice of what constitutes violations of company policy and then document any violations and warnings given to the employees. If they have been warned a number of times about infractions and that is well documented, then benefits are often denied under those circumstances.

Here is a link which summarizes the law on eligibility for benefits:

http://www.nolo.com/legal-encyclopedia/collecting-unemployment-benefits-florida-32505.html

The former employees who were terminated may not have applied for benefits or may not have had enough earnings in their base period to qualify for benefits, where this employee apparently did apply and received enough earnings to be eligible.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

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Thanks again and all the best to you.

Tina

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