Will Florida Law Give More Protection to Domestic Violence Victims?

By Kristianna Rodriguez, Associate Attorney at Grossman Law & Conflict Management

Domestic Violence

Will Florida law give more protection to domestic violence victims?

The Florida House of Representatives filed Bill 251 on November 4, 2013, which offers additional protection for domestic violence victims. Right now, Florida Statute 443.101 does not allow a domestic violence victim to receive unemployment benefits if the victim quits work due to circumstances related to the domestic violence. A worker who quits work is only eligible for unemployment benefits if the worker can prove “good cause”.

The Florida Legislature has not passed because it is very early in the process. If Bill 251 does eventually get voted on and passed, circumstances related to domestic violence (defined in Florida Statute 741.28) would be considered “good cause”.

In order to prove good cause, the domestic violence victim/worker would have to show:

  • Evidence, such as an injunction or similar protective order, which reasonably proves that domestic violence has occurred;
  • The worker believes that a future action of domestic violence is likely to occur against him/her by the abuser to or from the workplace; and
  • Before voluntarily quitting, the worker made reasonable efforts to preserve employment including seeking a protective injunction, relocating to a secure place, or seeking reasonable accommodation from the employer, such as a transfer or different assignment.

Stay tuned for more information on how Bill 251 progresses. Contact Kristianna directly at KRodriguez@AttorneyGrossman.com.

Thinking about a divorce? Want to have a better understanding about what to expect? Download the free e-Book: “Does Every Divorce Need a Shark?”

Would you like to find out more about domestic violence? Email Keith@AttorneyGrossman.com, or call toll free: 877-687-1392, or locally: 239-210-7516.

Does Every Divorce Need a Shark

     Posted on December 16, 2013 at 11:00 am | No comment

Leave a Reply

Your email address will not be published. Required fields are marked *