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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41220
Experience:  I provide employment and discrimination law advice in my own practice.
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Under what circumstances do I qualify State unemployment

Customer Question

Under what circumstances do I qualify for Florida State unemployment insurance if I was fired? I was a contract employee to the Air Force. The given reasons for dismissal, grossly exaggerated, are "Failure To Comply with AFCEC AVT Standard Procedures and being publicly disrespectful, argumentative, and insubordination to the client during team meetings and repeatedly non-compliant in following AFCEC's standard procedures for performing BUILDER assessments."
there were not any written procedures; it was word of mouth. ;This was my first assessment and it was unclear to me what standard procedures apply other than how I was trained. I was not trained to do things the way they are now talking about. I was not insubordinate to the client; I don't have any idea what client this could apply to. But I will admit to argumentative and even disrespect.
My boss said he would allow me to write a letter of resignation. Would that qualify me for work comp, and what reasons would be acceptable?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
To answer directly, for someone to qualify for unemployment it must be related to one of these reasons:
1. If you were terminated WITHOUT CAUSE, such as a lay-off, and you worked long enough to obtain enough benefit.
2. If the employer agrees to NOT contest your filing for unemployment, even if you were terminated for good cause.
3. If you quit on your own in a situation where there was substantial harassment or retaliation and a reasonable person would not have been able to continue employment.
If you were terminated 'for cause', or if you resign on your own then you are NOT eligible for unemployment unless your employer agrees to not challenge your filing.
Sincerely,
Dimitry, Esq.