In order to collect unemployment, you must meet two basic requirements. First, you must have earned at least a minimum amount, set by state law, in the time before you lost your job. Second, you must be out of work through no fault of your own. (For more information on each of these requirements, see Who is Eligible for Unemployment Benefits in Florida?)
If you lose your job in a layoff, reduction-in-force (RIF), or downsizing, you will be eligible for unemployment insurance benefits. But what if you are fired? And, what if you are wrongfully terminated -- that is, fired for illegal reasons?
If You Were Fired
In some situations, you may still qualify for unemployment benefits in Florida even if you are fired from your job. For example, if you were fired because you were just a poor fit, you may still be eligible for benefits.
You may be disqualified from receiving benefits if you were discharged for misconduct. In Florida, misconduct includes, but is not limited to:
- chronic lateness or absences in violation of employer policy or following a written warning or reprimand
- carelessness or negligence to such a degree or frequency as to show culpability, intentional disregard of the employer's interests, or intentional disregard of the employee's obligations
- deliberate violation or disregard of reasonable standards of behavior (including theft or property damage)
- violation of a standard or regulation that could cause the employer to lose its licensing or certification, or
- violation of a company rule that is known to the employee, reasonable, legal, and consistently and fairly enforced.
You may be disqualified either for a set number of weeks or until you get another job and earn a minimum amount, depending on state law. In some states, the length of the disqualification period depends on why you were fired. You can learn more about how disqualification works in Florida in the Reemployment Assistance Handbook.
If You Were Wrongfully Terminated
Sometimes employers fire employees for reasons that are illegal, such as an employee’s refusal to submit to sexual harassment or reporting unsafe working conditions to a government agency. If you were fired for protected reasons like these, you may have been wrongfully terminated.
The definition of “wrongful termination” varies from state to state. If you believe your employer fired you without a good reason or for an illegal reason, you may be eligible for unemployment insurance benefits in Florida. In this situation, you may want to speak to an employment lawyer, not only to find out whether you can collect unemployment, but also to learn about your other legal rights. For example, if you were wrongfully terminated, you may be entitled to reinstatement, money damages, and more. See Do I Need a Lawyer to Get Unemployment Benefits in Florida? to learn more; if you decide to talk to a lawyer, see How Can I Find an Unemployment Lawyer in Florida?
If you believe you were fired because you complained about your employer's violation of wage and hour laws (like the laws entitling employees to overtime, the minimum wage, tips, breaks, and so on), visit our site on minimum wage and overtime law, which includes information on your rights to fair pay and how to find a lawyer if you think your employer owes you wages.
If you were denied unemployment benefits and you believe you were wrongfully terminated, you may want to appeal the decision. See Can I Appeal a Denial of Unemployment Benefits in Florida? for information on filing an appeal.