What to do if I was terminated from my job due and my schedule was cleared before I was even informed but when I filed for unemployment they said that I resigned?

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What to do if I was terminated from my job due and my schedule was cleared before I was even informed but when I filed for unemployment they said that I resigned?

Is this legal? I was fired due to a customer complaint.

Asked on October 29, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Legally, if you were fired not for cause (e.g. not for insubordination, violating company policy, excessive absenteeism, etc.), you are entitled to unemployment benefits. Typically, being fired due to a customer complaint is not termination for cause.

Practically, the issue will be, if your employer is trying to claim you resigned, whether or not you can convince the unemployment office that this is not true, and you were in fact fired. You are advised to retain an attorney with experience in this area to help you make and prove your case. Good luck.


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