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Unemployed Stories

I want to quit but dont know if iI will be entitled to unemployment

by Frankie
(Miami, Florida)


At my current position I have acquired excessive responsibilities that were not in my initial job description, which was a warehouse assistant (12 p/h).

Now I have been asked to perform administrative and sales tasks without any additional compensation. I informed the owner of the company that I didn't mind as long as the extra responsibilities were accounted for. I asked for a raise which I haven't received in 2yrs. And I was told that the economy was bad and there would be no raise and if I wanted to, I could go look for a job somewhere else. I was pretty much told to go "f" myself. I do not deserve this and know I am getting the short end of the deal here, but I don?t know if I will qualify for unemployment if I quit. Please help me with this citation.


Hi Frankie,

Generally, if an employer changes the conditions of employment significantly from what they were when you first accepted the job good cause may be found.

I do understand why it's difficult to make the decision you are contemplating because Florida does not really explain anywhere how they interpret their statutes. They do not have an appeal policy and precedent manual like some states or a determination guide.

What they do have is this:

443.031 Rule of liberal construction.--This chapter shall be liberally construed in favor of a claimant of unemployment benefits who is unemployed through no fault of his or her own. Any doubt as to the proper construction of this chapter shall be resolved in favor of conformity with federal law, including, but not limited to, the Federal Unemployment Tax Act, the Social Security Act, the Wagner-Peyser Act, and the Workforce Investment Act.


You can click here to read a determination guide published by the US Dept. of Labor and gives an idea of how decisions are reached.

If you decide to quit, it basically comes down to you presenting to the state all the reason why you quit...and they then make their decision.

Questions you should be asking are whether you'll have to work more hours without additional compensation, are you qualified for the new duties, would you have accepted the job in the first place if you had been required to do what you are now being asked to do. Is the employer offering commission for the added sales duties...etc. Basically, outline the changes that are occurring...the pros and cons if you will.

It is a difficult decision..especially considering the job market and economy right now, but chalk one up for yourself because your investigating before you quit.

By my estimate (12 per hour) you could only expect about $240 a week from unemployment if all goes well.


Comments for
I want to quit but dont know if iI will be entitled to unemployment

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Mar 31, 2010
FLORIDA UNEMPLOYMENT QUESTION
by: Anonymous

THE COMPANY I WORKED FOR ALMOST 11 YEARS DISPLACED HUNDREDS OF EMPLOYEES DUE TO CORPORATWE DOWNSIZING IN OCT. I WAS GIVEN A 60 DAY NOTICE, AND IF NO POSITION WAS POSTED THAT I COULD APPLY FOR I WOULD BE TERMED IN DEC. I WAS, AND RECEIVED MY FULL PENSION PAYOUT THAT WENT INTO MY IRA. I ALSO RECEIVED 12 WEEKS OF SEVERANCE PAY. I STARTED ANOTHER JOB IN JAN, ONLY AFTER 12 DAYS MY DAUGHTER WAS INVOLVED IN A WRECK AND BROKE HER NECK AND NEEDED MY HELP SO I QUIT. I JUST TOOK ANOTHER JOB AND AFTER 5 DAYS RESIGNED DUE TO THE LOCATION AND HOURS NOT BEING WHAT I WAS TOLD ORIGINALLY. NOW I AM SEARCHING AGAIN AND A FREIND TOLD ME I COULD APPLY FOR UNEMPLOYMENT.
MY QUESTION IS CAN I DRAW UNEMPLOYMENT UNTIL I FIND ANOTHER JOB? AGAINT MY ORIGINAL EMPLOYER?

THANK YOU



Hi,

I certain that your first separation was a qualifying separation, but unemployment benefits are decided on the separation from the last employer and sometimes the more than one of the most recent last employers .. particularly in Florida that has such a lengthy voluntary quit disqualification (you must earn 17 times your weekly benefit amount).

The last quit is the one I will focus on for now. It is considered a voluntary quit and you must prove that it was for good cause if you hope to get benefits.

You mentioned the hours and the location not being the same as what you were told when you accepted the job. If you can prove this, it "might be" with good cause for quitting.

A misrepresentation of the employment at the time of hire by the employer can be good cause .. You will have to fill in the blanks for yourself as to whether the state will agree with you on the issue that the work was not "suitable employment" after the employer changed the terms.

Apr 28, 2010
Crappy Job
by: Anonymous

I work for a telemarketing company that seems to always cheat me out of my money once i hit a certain amount of sales. Not only that i've been out the office for the past week on vacation and when i got back things had changed. They really didn't have any place for me to go. so i sat there until they knew what they wanted me to do. I ended up telling them to send me home until they have a place for me to go. My question is I want to quit do to unstability and them always cheating me out my money but would i be able to collect unemployment if i do.


Hi,

The unemployment rules for quitting a crappy job are the same as for quitting any type of job.

In fact who wants to quit a good job?

It's just that you may have more opportunities for documenting the crappiness.

The standard for determining whether you have good cause is whether any other "reasonable person" would quit due to the crappy elements of your job.

What I keep saying is that everyone is well advised to make sure what what they think are the crappy elements, are first viewed from an objective point of view .. just to make sure I or anyone else would quit too due to the crappiness and then go about the business at hand of "trying to preserve the employment".

This includes documenting to the employer .. just to let them know about the problems so they can't claim that "if you had only let them know they could have shaped up and started behaving in a way that would of allowed you to continue working", even if they really wouldn't have.

I realize many people know that their efforts will be futile, but you have to try because what you are doing is gathering the ammunition you'll need to convince the unemployment department that you had good cause .. not the employer.

You say they are cheating you out of money .. prove it.

I personally refuse the responsibility of making anyone's decision to quit their job.

I warn people that it is difficult to do, but that you can use the unemployment laws as well as other laws affecting employment to find cause to quit .. and then after you've provided the employer with opportunity to correct their behavior and they refuse .. you MAY have good cause to quit per the unemployment department.

Clearly, it should be obvious why I like to talk to people.

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