Am I able to collect unemployment from an employer in Florida who has terminated me and then hired me back part time?

I was just denied unemployment compensation for not meeting the monetary requirements. I received five weeks severance and five weeks vacation upon my dismissal. Would this pay be justification for not meeting monetary requirements right away? I earned more than 50K last year so I know that is not the issue.

thanks

Hi Anonymous,

No the severance and vacation may postpone receipt of benefits because the amounts represent weeks of work and vacation is considered wages and severance payment usually are too, but each individual need to confirm the severance issue because payments may be treated differently.

In Florida, to meet the “minimum monetary requirements” for unemployment, one must have earned at least $2,267 in their “high quarter” and at least $3400 in their base period.

This means that $1133 of that $3400 needed to be earned in a different quarter of their base period. This is the minimum needed for the minimum weekly benefit amount and would probably also affect the duration of benefits, which in Florida is 9-26 weeks.

The base period they are looking at if you filed the claim after April 1 until the end of June is 1-1-08 through 12-31-08.

The wages must also be qualifying with respect to “covered employment”.

The decision may be appealed.

Thank you for your clarification. My concern was whether I could return to work part time for the same employer that terminated me without losing all of my benefits. From your response, I believe I am able to return to work as needed for the same company and if the work is not there I can draw unemployment for those weeks. Correct?

Another question regarding this same situation. If I work a week and the pay is more than unemployment, my understanding is that I “save” those credits. Are those weeks added to the end of my unemployment period or are those credits lost? What is the motivation for working part time if you would have gotten the same money from unemployment? (I know that is a lazy attitude but many people have told me to just sit back and let the unemployment run out or I will mess it up.)

thanks,
Sylvia

Sylvia,

The total amount you are entitled to during your benefit year equals 26 weeks of total unemployment. Simple math tells you if you use it all up in the first 6 months, you’d wouldn’t have any benefits left for the last six months of the benefit year. (except now, because of unprecedented extensions)

But there is a downside to sitting on your laurels. That would be the fact that if you have a hard time finding a job and decided to claim a 2nd benefit year .. that most states require that you earn x amount times your weekly benefit amount to qualify and even then the weekly benefit amount will be paltry compared to what you had been receiving because a new benefit year looks at a new base period and since you’ve been unemployed .. that base period will be skimpy.

Your case of being asked to return to work by the “liable” employer” raises another possible issue that could affect your benefits .. one of refusing work. If you don’t think the employer would tell the state you refused .. you are wrong, wrong, wrong.

Next thing you know, you’ll get a determination from the state saying you are no longer eligible because you refused suitable work .. which by the way carries a lengthy disqualification period.

You would then need to appeal and prove to the state why you had good cause to refuse .. per the statutes.

My opinion is that being on unemployment is like hsving the government up your butt for 12 months.

The fact that you might make more on unemployment than in a low-paying job is not good cause for refusing work in all states.

Since most states disregard a certain amount of earned wages before calculating partial unemployment benefits you will never make less than your total weekly benefit, but may make at least the amount disregarded more.

Here is the scenario to support my question. I was terminated in May due to my position being eliminated. I am eligible for benefits from unemployment. I have the option of now returning to the same company as a part time employee. Can I work part time for the same company that caused my unemployment in the first place? I read on your site that you are not eligible for unemployment if you are receiving money from the company that terminated you. I realize that the benefits would be reduced for the hours that I worked. I want to know if all unemployment benefits will cease if I return to work for the same company on a casual basis. thanks, SYLVIA

Hi Sylvia,

First I don’t know where “I read on your site that you are not eligible for unemployment if you are receiving money from the company that terminated you”.

If you were laid off and collecting unemployment due to this separation .. and .. this company is now offering you part-time employment, whether you collect benefits or not would depend on how much you made and whether it is too much that you wouldn’t get any partial unemployment benefits.

I have explained how Florida calculates partial benefits and the resource which gives the formula is linked to on the page about unemployment pay

Your situation raises a concern of whether benefits will be denied if you “refuse the work”.