"Inside of a ring or out, ain't nothing wrong with going down. It's staying
down that's wrong."
Florida law permits employers to terminate employees without “cause,” and neither Federal nor State law obligates an employer to pay severance wages or benefits. However, under Florida’s Unemployment Compensation law, Florida Statutes §443.011 et seq., now known as the “Reemployment Assistance Program Law,” employees are entitled to unemployment compensation as result of their employment ending unless an employee: (a) voluntarily left their employment without good cause attributable to the employer; or (b) was discharged for misconduct.
Unfortunately, despite the long-standing principle recognized by Florida’s Courts that unemployment determinations are supposed be made against the backdrop that the remedial intent of the statute requires a liberal construction in favor of awarding benefits to employees, many unemployment claims are wrongfully denied.
As a result, if you need advice, guidance or appellate representation in connection with an unemployment claim or appeal, contact the Law Office of Keith M. Stern, P.A. for a free consultation. Even if you were terminated from your job, or quit because you felt you had no choice due to circumstances outside your control, Your Work Is Our Business.
Schedule a free consult with one of our Miami labor & employment lawyers to learn more about your rights.
A severance agreement is a sort of trade-off between an employer and employee. By accepting a separation agreement with severance payments or other benefits—which the law does not require—an employee waives most, if not virtually all, rights to later seek additional compensation or damages in a lawsuit. Conversely, the release typically obtained by an employer of actual or potential claims that an employee may have provides the employer with closure while avoiding future litigation.
Importantly, severance payments can provide an employee with protection against their loss of income while seeking new employment opportunities in an uncertain marketplace. Because severance can count as wages for purposes of Florida’s Unemployment Compensation, a/k/a Reemployment Assistance, law, typically unemployment eligibility does not begin until after the term associated with any severance payments has ended
Whether you are an employee who’s been laid off or the employer who initiated a termination, speaking with an experienced labor & employment law attorney in Miami at the Law Office of Keith M. Stern, P.A. is the best way to protect your interests.