Under Florida law, employees who are fired can't collect unemployment compensation if you fired them for "misconduct." Unfortunately, the law doesn't clearly define misconduct.
The good news: A new Court of Appeals ruling has helped clarify the term, and it includes "excessive tardiness" among the acceptable examples of misconduct.
Now, your employees can't argue that tardiness and missing work aren't grounds for dismissal and refusal to agree to unemployment compensation.
Case in point: Rosy De La Torre, an account manager for a mortgage lender, received a verbal warning about her tardiness. The company offered her a new schedule, allowing her to come to work a half hour later than usual. When she still couldn't make it to work on time, it fired her.
Based on her "misconduct," she was denied unemployment benefits. She filed an appeal, but the Court of Appeals concluded that tardiness, if excessive, is considered misconduct that bars unemployment benefits. (De La Torre v. New Century Mortgage Corporation, No. 3D05-2698, Court of Appeals of Florida, 2006)
Tip: To show that you take tardiness seriously, clearly state your policy and consider using. Make sure you define excessive tardiness and track employees' compliance.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- Not to split hairs, you can't sell Harleys looking like that
- Feel free to punish boorish misconduct, even if employee blames it on disability
- Self-Audit: Discussing Performance Problems
- Tell bosses: Keep family planning and pregnancy talk out of the workplace