by tomjwinn
(javksonville florida)
i gave notice to one, severed it out and started with the other company. 2 monts later I had to have surgery(no fault of mine and not WC) Company fired me and unemployment denied my claim and appeal. Even though I met all statutory requirements for ’employee’ ’employer’ the state claims the ‘ base period’ employer( previous one) is not liable to pay my claim. where does it state who is next in line to pay my benefits in a case like mine?
Hi Tom,
You asked that other question titled base period .. didn’t you.
Here’s what your problem is .. it’s a voluntary quit disqualification.
Florida requires that you return to work after a voluntary quit and earn at least 17 times your established WBA before you are considered to have purged the disqualification.
You need to look at the footnotes below Table 5-4 in the Nonmonetary chartbook at the USDOL.
I think it is /2.
It says “when
employment or time period subsequent to separation does not satisfy potential disqualification” and list Florida.
I have no idea whether an appeal based on that will work, but it’s worth a try because that implies Florida can make an exception ..