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socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 38894
Experience:  Retired (mostly)
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My wife and I work same company. On July 1st our boss

Customer Question

My wife and I work for the same company. On July 1st our boss called us in to a meeting and gave us both the same job wright up as final warnings. He state if we do not get 4 move ins by the end of the month we will be terminated. He suggested that we resign. If he has to fire us, it is not going to go well. He than stated if we do get the 4 move ins the write ups will go away. He demanded we sign the write ups and we wrote our rebuttals before signing. We have documentation that describes our carriers as outstanding and having a major impact on their profitability. We have managed 5 of their retirement communities over our carrier. We do not have any move ins for this month and have only 2 weeks to meet his demand. We are in a really tuff area with many competitors in our area. During the summer is the most difficult time of the year to get move ins.
Will we be entitled to un-employment if we are terminated? We live and work at the community that is located in Florida?
What else do you recommend?
Thanks Gary
Submitted: 2 years ago.
Category: Employment Law
Expert:  socrateaser replied 2 years ago.
Hello, An unemployment claimant in Florida cannot be denied benefits for poor performance. The claimant must either voluntarily quit, or engage in misconduct (violation of an employer's reasonable rules). Section 443.101 Fla. Stat. Based on what you describe, your employer is attempting to "extort" your voluntary termination -- perhaps to avoid an increase in unemployment insurance contributions to the government. So: Don't quit. Do the best work you can under the circumstances, let the employer fire you, and you will receive benefits. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using!