Determination Letter came in today- UPDATE!

by Andrea
(Holly Hill, FL)

I worked for a job for 10 years I was laid off on 6-27-2008 I started collecting unemployment from my previous job on 7-27-08 until 11-30-08 so I only collected unemployment for 4 months.
Now December 1,2008 I started a new job and was only employed for 43 days. I was Fired with no reason on the 43 day. So, when I claim my weeks it does not go to this employer it goes to my previous employer of 10 years. Here is the copy of my determiation letter.



Section one says Notice of Determination
" The Claimmant was Discharged. No Information has Been submitted which cleary substantiates misconduct.

Section II
In Accoradance with Section 443, Florida Statutes:
Benefits Are Payable because:
The Discharge was for reason other than Misconduct connected with the work.


Section III

The employer is not chargeable since the employment was not in the base period.


I do not know what this means?


Hi Andrea,

First, many thanks for actually taking the time to type in the actual determination. BIG HELP!!

To understand what it means, it's important to understand that it is always the last employment that determines your right to unemployment....even if the last employer is not chargeable "at this time".

The determination is allowing you to begin collecting unemployment again because the employer probably responded to the states request for information with something like:

"The claimant was dicharged for a violation of a reasonable rule or policy connected with the work.

No documents, no details, to prove good cause...just a statement.

It's now important to understand that the employer has received this same determination and if that employer uses a third party administrator they'll probably appeal because the determination doesn't have any mention of this statute:


2. When an individual is discharged by the employer for unsatisfactory performance during an initial employment probationary period, benefits subsequently paid to the individual based on wages paid during the probationary period by the employer before the separation may not be charged to the employer's employment record. The employer must notify the Agency for Workforce Innovation of the discharge in writing within 10 days after the mailing date of the notice of initial determination of a claim. As used in this subparagraph, the term "initial employment probationary period" means an established probationary plan that applies to all employees or a specific group of employees and that does not exceed 90 calendar days following the first day a new employee begins work. The employee must be informed of the probationary period within the first 7 days of work. The employer must demonstrate by conclusive evidence that the individual was separated because of unsatisfactory work performance and not because of lack of work due to temporary, seasonal, casual, or other similar employment that is not of a regular, permanent, and year-round nature.

The main reason for the appeal would be because if you were to establish a second benefit year any benefits based on wages you received from this 43 day employer could then be charged to their account if they are in your base period.

If this happens...don't panic. A hearing would be scheduled (and you do need to participate to protect your benefits) and the employer would have to prove misconduct, which is hard to do without any documentation.