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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11248
Experience:  Significant experience in all areas of employment law.
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I was a Director of Nursing Services in a large corporation.

Customer Question

I was a Director of Nursing Services in a large corporation. I was fired due to not fullfilling my job discription. I was on call 24 hours a day with a very large case load. I was to supervise nurses and caregivers. I was overworked with minimal assistance. i did fail in some aspects of my job, but it was mainly due to lack of support, extremly high expectations. I have been a Nurse for over 40 years. Can I recieve unemployment assistance dispite fact that I was fired?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: Like what?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I want to find a job as soon as possible, I have been paying into unemployment for over 40 years. I just need to know if I will qualify for assistance
Submitted: 1 month ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 month ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Yes, you should almost certainly be eligible. Contrary to what many people believe, being fired does not disqualify someone from collecting unemployment. Only being fired for reasons constituting "misconduct" will generally result in disqualification. Misconduct is a rather high standard that requires establishing that the employee engaged in behavior with a willful or reckless disregard for the interests of their employer. Ordinary performance issues do not rise to this level. So, based on what you have described, unless you were somehow committing gross negligence which is not at all apparent from your facts, you were not fired for misconduct and should have no trouble getting approved for benefits.

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.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Customer: replied 1 month ago.
The next question that I have is this, Do I just go to any Unemployment office and submit an application? Are my former employer notified that I have submitted an claim? what is my next step? I have only received unemployment once before over 25 yrs ago.
Expert:  Patrick, Esq. replied 1 month ago.

Thank you for your reply.

You actually apply for unemployment benefits online right here. Your employer will be notified and the unemployment office will ask your employer why you were let go. They will compare your statement to your employer's and determine whether, in consideration of all the evidence, you were terminated for misconduct. As noted above, it is very unlikely they will reach that conclusion. If you are denied benefits you w ll have a chance to appeal.

I hope this clarifies things. Again if there is anything more I can do for you just let me know. It's my pleasure....

Expert:  Patrick, Esq. replied 1 month ago.

Was there anything else I can do for you before we wrap up?