I'm filing an appeal and would like to know if there are any exceptions in the state of FL for quitting a temp job due to relocation and still receiving benefits?
by Shena
(Orlando, FL, USA)
I was laid off from full-time employment in 5/08. I accepted a temp job in 9/08. I worked until Christmas '08 and was laid off again and picked back up in January '09. I quit 2 weeks later to live with relatives in another state because I could no longer afford my rent and would have been homeless. Now, I have been denied unemployment based on Section 443, FL statue. I know I left voluntarily but it was that or live in the streets! Do I have a leg to stand on here? Is it possible that the claim can be filed against the employer that laid me off in 5/08 rather than the temp agency?
Thanks for your help and the great website.
The reason they denied unemployment this time even though it's the same benefit year is because you quit employment. They always look at why you left the most recent or last employment to make the determination. It doesn't matter that the benefits would still be coming based on wages from the job you were laid off from in May of 08...the fact is if you established a second benefit yearing after your present one ends...wages from the temp agency would be in your base period and they would be liable.
To have been allowed benefits again would require you to show why you voluntarily quit the job with good cause per the Florida statutes. Issues that might have been applied would probably be found under their statute as to why the job was no longer "suitable". Unfortunately, Florida statute has very few provisions....that allow a voluntary quit and collecting unemployment for reasons that are personal...therefore, valid reasons for unemployment when you quit are narrowed to reasons "attributable to the work".
I hope this helps you while researching reasons that might make your appeal viable. Florida does not have an online precedent decision manual or I'd provide the link to it. It would be a big help since they interpret the laws instead of adding provisions to address different issues.
You didn't mention the name of the other state or I'd address the possibility of filing there since you now live there.
This chartbook published by the USDOL has common good cause provisions for all fifty states.