Would I be able to recieve unemployment from a company that fired me for
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Would I be able to recieve unemployment from a company that fired me for
The gist of it is that my fiance committed check fraud due to a banking error and her employer did not allow her to work for the duration of the problem. However, she was recently fired due to this issue on the grounds that she could not be trusted near registers and money due to this accident, even though she does not handle money in any form. Is she able to seek unemployment or compensation from the company, or compensation from the bank due to the error which cost her hours, fees and ultimately her job?
Asked on September 18, 2016 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
As to her employer, since she did not do anything to the company itself, this would most likely be considered a termination *not* "for cause* and she should be eligible for unemployment benefits: when someone is terminated other than "for cause" (so not for theft or criminal activity at the employer or worksite; not for insubordination or violating company policy; not for excessive absenteeism; etc.), she can collect unemployment.
She would not be able to get any other compensation from her employer unless she had a written employment contract and they fired her in violation of its terms (in which case, she could sue for breach of contract) because without an employment contract, she would been an "employee at will" and could be terminated at any time, for any reason whatsoever--including "lack of trust." An employee at will has no rights in or to her job.
As to the bank, she cannot sue for compensation related to the loss of her job, etc. because it is NOT reasonably foreseeable (or suffiiciently predictable) that a bank alleging check fraud would cause loss of a job--in the *vast* majority of cases, people do not lose their jobs over this. The law only allows someone to recover compensation for the foreseeable losses that another's wrongful acts cause; there is no compensation for unforeseeable losses.
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