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Loren, Lawyer
Category: Employment Law
Satisfied Customers: 34398
Experience:  More than 30 years in legal practice.
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To whom it may concern":I believe I was recently wrongfully

Customer Question

To whom it may concern":I believe I was recently wrongfully dismissed from my job after 20 years of loyal service, I worked for a rehabilitative hospital in Hollywood, Florida. I was the nighttime supervisor of the respiratory therapy department. On August 7, 2017 I was called into a meting with the my dept. head and was told I was dismissed for breaking a company policy and procedures. I believe that I was never given a given nor shown the manual of this policy for reference.I had repeatedly requested this, but my requests were ignored. When I was dismissed, there was no evidence of the written policy shown to me.I can discuss more details of the incident that lead to my terminationIf we can schedule a time to discuss it. At this time, I am being denied my unemployment claim which I would like to appeal for the same reasonsI have given above.I can be reached any time at(###) ###-####sincerely ***** *****
Submitted: 1 month ago.
Category: Employment Law
Expert:  Loren replied 1 month ago.
Thank you for using JA. I am Loren, a Florida licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.
I appreciate your patience as I review your question. I will post my response shortly.
This is general information and no attorney client relationship is established.
The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.
Expert:  Loren replied 1 month ago.
Before we begin a bit more detail would be helpful please.1. Do you have a written employment agreement for a fixed term requiring cause for termination, discipline or demotion?2. Do you believe you were treated differently than other employees due to your race, religion, ethnicity, etc.?3. Have you filed an appeal of the denial of unemployment benefits?
Customer: replied 1 month ago.
No to the First two questions
And not yet on the appeal
Expert:  Loren replied 1 month ago.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Without a written employment contract requiring cause for termination, you are, in all likelihood, an at-will employee. As such, you serve at the whim of your employer. They can change your duties, compensation, schedule or even terminate for any reason or no reason at all.

The only exception is that any action taken against you may not be motivated by illegal discrimination (race, religion, disability, ethnicity, etc.) or sexual harassment. So, even if you were not aware of the policy, it would not, necessarily, give rise to any sort of claim for being terminated, since they have a right to terminate with or without cause.

If, upon further deliberation you think that may apply to your situation then you need to make a complaint to the EEOC as soon as possible.

Otherwise, without a claim, as described above, the courts view this as office politics and offer no judicial or administrative remedy. In other words, you would need to seek recourse within the HR department.

I am sorry. I wish I could tell you otherwise, but I do not want to see you spinning your wheels on this claim, with little likelihood of recovery.

Do however file the appeal. You may wan to retain an attorney for the appeal, as you may have a pretty good shot at getting the initial denial reversed.

If you need assistance finding local counsel for the appeal try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Expert:  Loren replied 1 month ago.

Did you have further questions? Please let me know if I have answered your question.

Expert:  Loren replied 1 month ago.

Are you online with me?

Expert:  Loren replied 1 month ago.

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

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Thank you!