Hello, I work part-time at the Wildwood (FL) Public Library (about 2 1/2 yrs now).
My 5 P/T co-workers and I will be “Separated” from the City of Wildwood (our current employer) this Oct. 1st (2009). On that date, our City Library will become part of the County Library System.
Our 6 part-time positions will become 4 full-time positions, as the County has no part-time employees.
The majority of us have worked for the City for several years, and do not plan to work full-time in October.
Will my co-workers and I be eligible for FL Unemployment Benefits at that time?
My boss told a co-worker and I yesterday that the City would simply deny our Unemployment Claims in October, thus freeing them from paying benefits. Is this legal?
Thank you very much for your time and attention.
Hi,
Well isn’t that special .. a boss that thinks they make unemployment decisions.
I want to be careful with my answer because you are all part timers who do not plan on looking for full time work. This is one of the biggest injustices in the UI world .. well that’s my opinion anyway:)
The charts I use to answer a number of monetary, provision, and disqualification questions is
the various chartbooks at the USDOL.
I am fairly certain that even part timers can meet the monetary requirements of Florida.
But the thing the employer may see as the reason you will be denied is because you will be limiting your ability and availability to part-time work. In other words if they offer you one of those full-time position they might protest your claim as a refusal of suitable work.
Table 5-10 in the Nonmonetary chartbook shows that Florida doesn’t have a part time worker provision, but Florida doesn’t have many provisions at all .. because they “interpret” their law.
The table leads me to believe that if you can establish a history of part time work you should be able to qualify and still limit your availability. You’ll have to tell me if I’m right or wrong.
I would normally like to follow this information with a link to the state’s UI precedents or adjudication precedent manual, but the only thing I have found is this. I am clueless as to how you can find what you need .. maybe those skilled in research can figure it out:))
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