My husband is currently active duty US Military. We received relocation orders to a different state. I filed for unemployment in FL and was awarded benefits, My previous employer has filed an appeal which is awaiting a hearing schedule.
Here is the situation. I worked for a national company that runs all of it’s business as separate, but under the same umbrella. I worked for company A for over a year, requested a transfer to company B and was approved. Worked for Company B for approx 5 months.I filled my unemployment claim because of the US Military transfer. I identified both company names (when asked of all employers over the last 12 months) and expressed they are still one whole company. Company A has appealed my claim stating I transferred to Company B willingly and they are not responsible and want to be relieved of this claim. I am filing unemployment because the government relocated us to another state. Why is Company A appealing when my last employment was with Company B and appealing for a completely different reason, or base the appeal on this? I simply filed for unemployment because we had to relocate. Do I have any rights or leg to stand on? Filed for FL unemployment. Thank you for your consideration.
Hi,
First, let me just say .. in case anyone out there is in doubt of why an appeal was filed or questions whether they have a leg to stand on .. appear for the hearing .. not appearing causes you to lose by default if the issue involves you.
Secondly, let me say OH CRAP!! a question that involves not just benefits .. but an employer tax issue. Not my forte at all.
They have to appeal .. An employer must even appeal to be “non-charged” for benefits paid when provisionally they could be non-charged and the state charged them anyway. Of course my standard line here is “it varies by state”.
When you filed your claim .. company A was probably still a part of your base period.
It is very possible to have numerous unemployment hearings to attend for someone with multiple jobs in their BP which raises another subject .. purging a disqualification .. but let’s leave that out of this conversation
If your job with Company A was in Florida .. which actually has a provision exclusive to Military spouses and the need to quit, but you didn’t file a claim then .. because they moved you on over to Company B .. which probably has it’s own SUTA .. so they become just another employer and from the sound of it .. the last or most recent employer .. which controls whether you get benefits
Crap, what I’m trying to say is that any employer in the base period established for your claim has a financial interest in not being charged for your benefits.
Non-charging provisions are few and far between, but can be seen as win/win situation for employer and employee alike.
Employers not only fight claim on a personal level by appealing voluntary quits and discharges on the merits, but also have to fight the state when it comes time to what should not be charged to them by the state for the win/win situations .. because the only loser then is the state’s “general fund”.
I’m not sure what the issue is for this appeal .. but you must attend the hearings when in doubt.
As an example of what an employer wouldn’t necessarily be interested in attending is a hearing which only lists the issue of timeliness of appeal by the claimant.
The employer has no information to offer and just waits to see if the appeal was found timely when they receive the hearing notice with the quit or discharge issues.