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xavierjd, Attorney
Category: Legal
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Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
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i lost my job because i am a waitress in a non tipping restaurant

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i lost my job because i am a waitress in a non tipping restaurant at a retirement village in Florida where residents insist on tipping anyway so we have a coffee can bucket that we put the tips from the table in, i was fired because on camera they say me puting money in the coffee can on February 24, 2010 do I have a case for defermation of character
Submitted: 6 years ago.
Category: Legal
Expert:  xavierjd replied 6 years ago.

Thank you for using!


Can you please clarify how is it that you believe you were defamed?

Customer: replied 6 years ago.
i lost my job after 4 yrs of service, which i loved and the residents love me, because I put tips in coffee can not in my pocket and i lost my job because of it
Expert:  xavierjd replied 6 years ago.

The facts that you describe suggest that you were an at-will employee. This means that you could quit at any time or your employer could fire you at any time and for any reason (even a wrong reason).


The facts that you describe, while unfortunate, are not defamation. What it really boils down to is that you served at the pleasure of your employer and they decided that your services were no longer necessary.


They could have fired you because you wore blue shoes to work. Even if you didn't wear blue shoes to work, they could still say that and terminate you.


I know it may seem to be unfair. But that's the way at-will employment works.

Customer: replied 6 years ago.
well thanks for the explanation, i have filed for unemployment, will i get it or will i be denied
Expert:  xavierjd replied 6 years ago.
It will be denied if the employer claims that you were terminated for misconduct. You can appeal that determination.
Customer: replied 6 years ago.

they said i had a 50/50 chance of getting unemployment but they will fight for me not too.


do i have a chance to get unemployment if they deny me and i appeal, i did not steal i put monies in a coffee can what are my chances

Expert:  xavierjd replied 6 years ago.
Your chances are 50/50. Your chances are less if they have you on video supporting their case.
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