Employment Law Questions? Ask an Employment Lawyer.
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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.
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