by Miguel Berlanga
(Miami Lakes,Florida)
hello. here’s my problem. in january of 2009 i was wrongfully discharged from my former employer. there reason was i willingly instigated misconduct on the job. i simply was expressing my point of view about an issue that was present on the job. when they denied me my benefits i filed for an appeal. the appeal was held on april fifth of this year. the problem is during the first week of april i found a job working in supershuttle. the job description is to transport clients to and from the airport.the pay was extremely lousy. it was solely based on commission. i made twenty three percent out of every fair. some fairs were thirty and others were fifteen. i average about two hundred dollars a day an when you total up the amount i would take home after certain company deductions i would come home with 40 to 50 dollars. Thats not even after taxes!The job did provide some tips, but all of it would be gone in tolls from the highway. The company does not provide sunpasses and the money you use in tolls you dont get back. Other things such as if the customers would miss there flights the driver is responsible for paying for the flight. i received a speeding ticket on the job for being late to a customers house. i originally quit on the third day on the job but the assistant manager convinced me to stay because the same day i received the ticket i also got harassed by a customer. the last day on the job i worked nearly 12 hours to come home with 50 dollars. my starting shift was from three in the morning to two in the afternoon.So i decided to quit because it was a lot of hours on the job and not a lot of money. During the week i quit i had my appeal with my first employer. The referee saw the case in my favor. Im being payed from january 24 all the way too march 28. I already know that my benefits have been denied because i called and they said since i quit from suppershuttle im not eligible. What should i do?? Thanks for reading!
Hi Miguel,
What should you do? The same thing you did before .. APPEAL the determination when it arrives.
It is the the separation from subsequent employment that can keep an employee from collecting on the benefits they were initially rewarded, and in your case hard fought for.
The state is saying you left or quit this job without good cause. To start collecting benefits again .. you will have to have another appeal hearing to determine whether the circumstances for quitting were in fact with or without good cause.
What kind of reductions by the employer can reduce 200 dollars a day to 50?
Is this employer withholding taxes, or do they consider you an independent contractor?
Were you made aware of all this stuff prior to taking this job?