In Florida and most other states, where an employee quits his/her job, they are typically not entitled to recover unemployment benefits. The exception to this rule is where an employee quits based upon good cause attributable to the employer.

Believe it or not, in a case in Miami, a female employee quit her employment based upon the sexual harassment of her employer, and sought unemployment thereafter. Florida unemployment refused her unemployment benefits questioning whether or not she was sexually harassed because she did not go to the police or seek counseling. The employee claimed that she tolerated the actions of her employer for a while because she needed her job, but could not tolerate it any longer and quit.

The Third District Court of Appeal in Miami, thankfully, ruled that this employee was entitled to her unemployment benefits. The Court ruled, “Additionally, sexual harassment can continue for several years before the victim makes public her complaint . . . . Considering a job is usually a person’s economic lifeline, the claimant’s failure to contact outside authorities regarding her complaint cannot be called unreasonable or inherently improbable.”

The case is 940 Lincoln Road Enterprises v. Margarita Hernandez.

If you are refused unemployment benefits by your employer or the unemployment office, seek the advice of an employment lawyer. There are many deadlines to be observed to protect your legal rights so don’t let them slip by. Feel free to call Scott Behren and the Behren Law Firm with questions on your unemployment benefits.

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