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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11253
Experience:  Significant experience in all areas of employment law.
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We are IL based company and need to terminate 2 employeees.

Customer Question

We are IL based company and need to terminate 2 employeees. One here in IL and the other in Florida. We are terminating for "cause". We will not pay severance, I believe we are paying the accrued vacation, however, can we deny their claim for unemployment as it differs in Florida than Illinois?
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time, both "at will". No union
JA: Anything else you want the lawyer to know before I connect you?
Customer: No we are good. Redoing all our paperwork this week for the new laws going into effect December 1st with FLSA.
Submitted: 1 month ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 month ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 1 month ago.

You can certainly try to block unemployment benefits, but ultimately it's n to up to you whether the employees get benefits it is up to the unemployment offices of the states where they will be applying. The general rule in both IL and FL is that an employee will be entitled to unemployment benefits unless they were terminated for reasons amounting to "misconduct." This is a rather high standard that is only met when the employee engaged in behavior that evidenced a willful or reckless disregard for the interests of their employer. Things like stealing, showing up to work drunk and yelling at customers are examples of misconduct. Ordinary poor performance is not misconduct. So you can certainly try to argue that the reasons for termination amounted to misconduct but it is up to the unemployment offices to actually decide whether this is the case.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Expert:  Patrick, Esq. replied 1 month ago.

Was I able to answer your question here?

Expert:  Patrick, Esq. replied 1 month ago.

Can you please let me know if you are getting my messages?

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