Denied one month Unemployment Benefits….

by Mily

(Florida)

My last check included vacation time and personal time owed to me, the 2 weeks of severance pay I was promised was not included in that check, and I have been trying to get that money from my previous employer. In the meantime when I applied for benefits when asked if I have received compensation, I checked yes and listed the amount as asked. Well, Unemployment (I live in the State of Florida), denied one whole month of benefits because of this. I was sent a letter stating I could appeal but because of a friend’s advise I did not and took it as a loss.
I just learned that my former employer will be making good and send me what they forgot to include on my last check and pay me for the 2 weeks severance pay promised, but now I am afraid to be denied benefits for one more month because of it.
I am not sure what to do. Be honest and state I received this check when it arrives or say nothing; as this amount was supposed to have been originally included in my last check.
To makes matter worse, the insurance has applied a the $3,500 deductible on a medical procedure I had done one month after laid off, so I really need the money.

There is only one way to approach this and that is to contact the FL unemployment department.

And remember in the future that any money received only need be reported to unemployment in the week it is received or earned.

Explain to UI that although you believed the employer would be sending the severance in the week you reported it for .. they did not and that you have just learned you be receiving it ..

Personally, I don’t think it would cause too much of a problem except if it’s coming in a different quarter which might someday become part of a different claim and base period .. It would likely raise a flag .. and it’s at that point not reporting and straightening this out now .. may at first glance appear to be intentional fraud.

So, the only way I know of to avoid that (which I wish on no one) is to go out in front and get a handle on your initial mistake .. which was to report the severance in a week before you ever received the check.

Comments for Denied one month Unemployment Benefits….

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Jul 28, 2014
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Denied applied 10 weeks of benefits

by: Alicia

I live in Baltimore, Maryland, I filed an Appeal. I was penalized for 10 weeks. A rep stated I would not get the 10 weeks. That my payment will start at the last 2 weeks. Is this correct?

Last two weeks of what? Regular benefits usually have a duration of 26 weeks maximum, so your question is confusing me.

Are you saying you won the appeal and the 10 week disqualification was removed? And possibly that a rep told you, you would receive packpay for the last two weeks?

If you won the appeal, you should receive benefits for each of the weeks you certified you were unemployed, able and available and looking for work.

(MD misconduct disqualification can run from 1+10 to 15 weeks, voluntary quit DQ is 1+15 weeks, don’t ask me what the 1 is for, I’m not sure unless it’s that those disqualified also have to serve a one week unpaid waiting period, although MD doesn’t have one of those for those allowed to collect).

By the way, I removed your full name and email address from the fields at the top of the blog submission form.

Don’t do this people .. protect your privacy online. Yes, even on FB and all other social networks.

Oct 24, 2012
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Follow up

by: Mily…

Well, there was not need for me to report it, the same week I reported my weeks they paused my claim of weeks until further investigation. Following your advise, I called when I saw there were not depositing my weeks to my account like a week later or so, the rep told me the reason was is that they saw that some money was claimed towards my wages, I explained the situation. She told me I would get a letter asking to answer some question about that check and that my previous employer would get one too and to send it as soon as I got it.
Well, I spoke to my last employer and she acknowledged receipt of this and faxed it to them explaining why that second check was sent to me and that it was for severance pay. I in turn did the same thing, except that the letter stated to return it within FIVE DAYS of the letter being mailed, well guess what? I received that letter exactly on the fifth day (I have a PO BOX)and when I tried to fax it to them; since given the choice to do so, I could not get a connection as the number was either busy or they disconnect it on the weekend. I then mailed my form and I stated there that the letter was received on the fifth day.
How do the expect us to return this letter in such a short time? I do not have a fax, I had to go to a friend’s job on the weekend to try to fax it to no avail. You think they do this on purpose to find an excuse NOT to pay?

Happens all the time. You can address the late receipt in your faxed response.

Something like ..

Please accept this response as timely give the fact I did not receive your notice until .. whatever the date was and your fax didn’t work.

That why you should always save fax transmittals .. because they can not of show you did fax, but tried to fax.

Oct 12, 2012
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CLARIFICATION

by: Anonymous

Reason given by Unemployment was that the compensation check exceeded what is allowed.
That check included vacation time, sick time that I have accumulated as well as the hourse worked. It was also to include 2 weeks severance pay that the company gives to employees that are laid off or terminated. Keep in mind that I worked for this company close to 25 years.

I have been trying to get the company to make good on the severance pay and I had to mail them copy of my check so they could see that it was not included, they in turn had to check with the company they hire to make our checks and finally they realized that it was a mistake on their part and are making good on it.

So check is probably on its way or already at my PO Box (been busy on interviews to get jobs to go so far to get it).

I am just afraid to be denied another whole month since the new check is a little over $1000.00.

Oct 12, 2012
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CLARIFICATION TO THE POST

by: Anonymous

Sorry, the letter I got denying my first month of unemployment stated that the compensation check exceeded what I can only presume is their cut off.

The last check included sick time, vacation time, I accrued and the hours I worked. The office I worked made an error and omitted 2 weeks of severance pay they usually pay employees and I have been trying for them to make good on this. I worked for this company for close to 25 years. They (my employer), stated they thought they paid and I had to find if they made the mistake, to which they acknowledged they did…so the check is supposed to be if not already on its way. I am just afraid once I get it and it is reported, that they will see it as a way to deny me another month.

Oct 12, 2012
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Not sure I understand

by: Anonymous

I am sorry, but I do not understand.
I claimed my weeks yesterday, I have yet to check my mail at my PO Box, I feel the check is probably already there. Because it the check is a little over $1,000, I have the feeling they will deny me another month; and this will suck big time, even though it was to be part of the original compensation I received.

When you talk about quarters, can you explain that to me exactly.

Thank you.