UNIQUE SITUATION-FLORIDA – (Unemployment for Part Time Workers)

by Jaime

(Jacksonville, Florida)

Hello there.

I started with a company in Feb 2004 working FT in HR. Worked for a couple of years and then had a baby,went on maternity leave and FMLA from Dec 2006 until March 2007. I then decided I coulndt go back to work and leave my little one so I resigned. Two months later May 2007 I was hired back on to work in HR/Recruiting for the same company, only PT from home. Recently I received a new boss who said she no longer needs someone PT from home, she wants someone FT and needless to say, my last day of work is tomorrow, June 26. My question is can I file for unemployment as a PT employee and when do I need to file and what can I expect to happen in the process and what information will I need to file a claim.

Thanks in advance for any assistance/guidance you could provide me.

Jaime

Hi Jaime,

This is a great question and one that is definitely a state specific question.

The resource I use to try to answer it is the USDOL.

The first thing someone needs to find out is how or if their state has a part-time worker provision. This information is found in the Nonmonetary chartbook – Table 5-10.

Florida “interprets” their statutes. So I would think that a history of part-time work would be necessary .. because if the employer offers a person a full-time position before terminating the employment this could in many states be seen as a “refusal of work” which would be found disqualifying.

Although I don’t have information to determine what constitutes a “history” .. I think that two years is a history. I would need you or others to verify that though.

Unless you are receiving a severance .. you should file June 27.

If you can establish the history .. you should get benefits unless a refusal of full-time work is automatically disqualifying .. you probably know that an employer is likely to fight this by raising a refusal issue if they offered full-time. I also don’t know if Florida will require you to look for full-time work to maintain eligibility.

The big problem with Part time workers and unemployment is first, they may have a difficult time getting qualified monetarily and then they may be required to search for full-time work to continue to be eligible from week to week.

The Stimulus is offering additional money to states that make changes to their UI system that modernize, but Florida is kicking and screaming and sounding resentful in their press releases and Part-time worker provisions are part of this. The provision .. such as in California allows the job search to be for another part-time job.

I would say yours is a lack of work claim, but the employer will view it as a voluntary quit if they offered you a full-time position.

After reading this over .. I realize I might have just created more questions .. so feel free to ask.

Chris

Comments for UNIQUE SITUATION-FLORIDA – (Unemployment for Part Time Workers)

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Jul 16, 2014
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receiving UI and return back to same company PT

by: Anonymous

I am receiving UI from being laid off from company A. As I am searching for full time employment, I discovered that my same company A has posted part time positions for warehouse positions. My former full time position was as a salaried manager. Can I still retain my UI benefits, although they will decrease with any PT wages, if I return PT to company A? I am a Washington State resident.

Partial benefits are contingent on how much you earn and sometimes other requirements.

So, basically, without knowing some WBA (weekly benefit amount) factors, I can’t tell you whether you’d still get a partial benefits.

You might try the search bar and look for questions about partial unemployment benefits.

Of course don’t forget, the other issue that can come after accepting lesser paying work is about accepting suitable work.

Criteria for deeming a job suitable is guided by reasonable thought.

All states look at whether the work refused was suitable. When state laws list the criteria for suitability, they usually address the degree of risk to an individualâs health, safety, and morals; the individualâs physical fitness, prior training, experience, and earnings; the length of unemployment and prospects for securing local work in a customary occupation; and the distance of the available work from the individualâs residence. Delaware and New York make no reference to the suitability of work offered but provide for disqualification for refusals of work for which an individual is reasonably fitted. South Carolina specifies that whether work is suitable must be based on a standard of reasonableness as it relates to the particular individual involved.” – See more at: