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Employee tried to comply? He may get unemployment

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in Compensation and Benefits,Firing,Human Resources

The Court of Appeal of Florida has concluded that employees fired for poor attendance must have a chance to show they tried to comply with their employer’s attendance policies before they are denied unemployment compensation benefits.

Recent case: Joseph Logalbo failed a drug test and called in sick the next morning, saying he needed FMLA leave. He was fired a few weeks later.

Logalbo applied for unemployment and was turned down because he was fired for misconduct. He appealed, arguing that he was fired while attempting to get his FMLA paperwork together.

The appeals court ordered another hearing. If Logalbo can show he tried to comply with FMLA procedures (part of the employer’s attendance protocol), he may be eligible for benefits. (Logalbo v. Florida Unemployment Appeals Commission, et al., No. 1D11-3411, Court of Appeal of Florida, 2012)

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