Inadequate Work Performance is Not Misconduct

As you may know, Florida is an "at will" employment state -- meaning that without an employment contract, an employer may fire you for any reason without liability (except for federally and state protected discriminatory bases).  Without liability, the employer may fire you if he doesn't like your attitude, or if your constantly late, or you don't meet certain sales quotas, or if you just don't get along with other coworkers.  Employers routinely terminate employees for inadequate and/or poor work performance.  While that may be sufficient for being let go from your job, it generally is not enough to deny you unemployment benefits. 

In Florida, to be denied eligibility for unemployment benefits, the employee must have been terminated for misconduct connected with work.  "Misconduct" is defined specifically in the Florida Statutes.  While an employer may see your poor work performance, your failure to meet company standards, or your failure to follow company policies as misconduct, it generally is not sufficient under the Florida Statutes.  

Several cases hold that being fired based on an unsatisfactory work performance, without more, is "insufficient as a matter of law to constitute misconduct" under section 443.036(26) and thus result in a denial of unemployment compensation benefits.  In Gulf County Sch. Bd. v. Washington, 567 So.2d 420 (Fla.1990), the Florida Supreme Court stated  "[i]t is well settled that an employee who is discharged because he cannot adequately perform the work is entitled to unemployment compensation in spite of the fact that the employer had good reason to fire him."

If you receive a determination that you are not eligible for benefits due to misconduct when you have been fired for unsatisfactory work performance, you may have satisfactory grounds for an appeal and a hearing before an Appeals Referee.  Remember that you have the right to hire an attorney to represent you at these hearings.  Additionally, this telephonic hearing may be your only chance to present documents, testimony, and all of the legal arguments which may support your position.  Appeals to the Unemployment Appeals Commission and the District Court of Appeal generally do not review or allow you to provide new or additional evidence or arguments that you did not provide to the Appeals Referee.  

Of course, each unemployment case is different and yours may or may not fall within this exception.  Accordingly, you should speak with an attorney experienced in unemployment compensation if you have any questions about your situation.  Feel free to contact me for a Free Initial Consultation.  I'd be happy to speak with you.