by Michael
(Florida)
Worked 18 months at an annual salary of $101,000. Got Laid off due to department moving from Florida to North Carolina. Did not file for unemployment as I was offered a Sales position on straight commission. Worked when I could as I had open heart surgery and could not carry the sample box. Made less than 4,000 and worked approximately 1 1/2 of the 4 months. Finally I resigned due to medical reasons. My boss said my job would always be waiting for me.
I have been living off of my 401 K and that is almost gone. Am I ENTITLED TO UNEMPLOYMENT BENFITS?????
Please help.
Hi Michael,
Yes you should be. Florida does have a provision for quitting due to a worker’s illness or disability, but it all comes down to the sequence of events and if you are still able and available for other work. Therefore, you will have to show why you were physically incapable of doing the job any longer…and probably will need to provide some medical documentation.
The statute says:
443.101 Disqualification for benefits.–An individual shall be disqualified for benefits:
(1)(a) For the week in which he or she has voluntarily left his or her work without good cause attributable to his or her employing unit or in which the individual has been discharged by his or her employing unit for misconduct connected with his or her work, based on a finding by the Agency for Workforce Innovation. As used in this paragraph, the term “work” means any work, whether full-time, part-time, or temporary.
1. Disqualification for voluntarily quitting continues for the full period of unemployment next ensuing after he or she has left his or her full-time, part-time, or temporary work voluntarily without good cause and until the individual has earned income equal to or in excess of 17 times his or her weekly benefit amount. As used in this subsection, the term “good cause” includes only that cause attributable to the employing unit or which consists of illness or disability of the individual requiring separation from his or her work. Any other disqualification may not be imposed. An individual is not disqualified under this subsection for voluntarily leaving temporary work to return immediately when called to work by the permanent employing unit that temporarily terminated his or her work within the previous 6 calendar months. For benefit years beginning on or after July 1, 2004, an individual is not disqualified under this subsection for voluntarily leaving work to relocate as a result of his or her military-connected spouse’s permanent change of station orders, activation orders, or unit deployment orders.
Although you were making some very good money…the maximum weekly benefit amount in Florida is $275 regardless of the fact that you probably have base period wages sufficient for four or five people to get the max amount.
Chris
Comments for I quit due to medical reasons in Florida.
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