The employee then sought unemployment benefits and the appeals referee found that the employee could not perform the duties of the job because his vehicle broke down. The Unemployment Appeals Commission, however, rejected the referee's findings and denied the employee unemployment benefits. The employee then appealed that decision to the Fourth District Court of Appeal.
The appellate court went through the history of cases where generally, an employee's transportation problems do not constitute misconduct such that the employee would be denied unemployment benefits. The appellate court reiterated that courts and agencies must liberally construe the unemployment statute in favor of the employee. The appellate court noted that the Florida Administrative Code provides that "chronic or unauthorized absenteeism or tardiness over which the claimant has control" may constitute misconduct. F.A.R. 60BB-3.020(3)(b) (2008). The appellate court further cited cases in which no misconduct was found when an employee missed three consecutive days of work because of vehicle malfunction and when the employee did not call the employer until the next day to report his vehicle's malfunction.
Thus, if the reason you were terminated was because you were late for work or did not show up for work due to a vehicle malfunction, that may not be a legitimate reason (without more) to deny you unemployment compensation.
I strongly urge anyone who has been denied unemployment compensation benefits to contact an unemployment compensation appeal attorney to evaluate your chances at overruling that determination. Many factors must be considered. If you fail to provide the appeals referee with the appropriate documentation or testimony, you may lose your ability to receive those unemployment benefits to which you may be entitled.
Please contact me for a free consultation. Flat fee arrangements are available as well as possible payment arrangements. You may also be able to have your attorney's fees paid by the employer if successful.
