What does "employer is not chargeable since employment was not in the base period" mean? (FL)

by Confused
(Tampa, FL, US)

My former employer denied my claim for unemployment. The determination came back stating that According to Section 443 of Florida Statutes, benefits are payable because "the discharge was for reason other than misconduct connected with the work". So I assume that means I will keep getting paid.

The next part (section III) states "employer is not chargeable since employment was not in the base period" - what does that mean?


Hi Confused,

Base Periods and Benefit Years.

I can make an assumption that this "employer" was one you had fairly recently and for a fairly short time.

What that means is the last employment is still not in your base period. Even though the "separation from the last employment" ultimately decides whether we are entitled to benefits, the wages from that last employment may not yet be showing up in our base period ..

A base period is the time period the state looks at our wages to determine our weekly benefits amount. In Florida it is the "First four of the last five COMPLETED QUARTERS.

I will assume you filed your claim somewhere between April 1 and June 30 which would make your base period 1-1-08 through 12-31-08.

Your employment with this employer ended up in the "Lag period". The lag is created by the "COMPLETED QUARTERS"

An employer will still fight these even if they aren't yet in your base because if they aren't yet .. they may be in your base if you file a subsequent claim in a year to 18 months.

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Jul 01, 2009
base period
by: tom j

if your base period is already established, but you have not been with your new employer long enough can you collect from the previous base period employer.


Yes. If you have an established unemployment claim the base period will remain the same for the entire length of the benefit year.

But what people sometimes don't understand is that if they take a job when they were collecting benefits, and they then separate from the "most recent or employment subsequent to filing the claim, that separation usually controls whether they can get the benefits back to which they had been entitled to previously .. even though the wages may not be in their base period.

The fact is that being eligible to collect unemployment is an on going process. Every time you file or certify either weekly or bi-weekly your eligibility is reassessed by those questions you have to answer.

Aug 28, 2009
Ok so?????
by: Frustrated T.

I got this same letter. In section II it says
"THE DISCHARGE WAS FOR REASON OTHER THAN MISCONDUCT.." and
"ANY BENEFITS RECEIVED FOR WHICH YOU WERE NOT ENTITLED ARE OVER PAYMENTS AND SUBJECT TO RECOVERY."

At the bottom it says "THIS DETERMINATION WILL BE FINAL UNLESS AN APPEAL IS FILED WITHIN 20 CALENDAR DAYS AFTER THE MAILING DATE.."

I am still unclear as to:
A.) If I will be receiving benefits and
B.) Do I need to file an appeal?

I find this so confusing and calling the (800)204-2418 number is useless. I've been trying to reach a person for nearly a month now and it just disconnects me.

Thank you for any help you can offer.



Hi Frustrated,

And rightly so! The determination makes no sense.

Yes file an appeal, if there's a halfway bright body at the State of Florida ( I hope I got the state right) .. who actually reads the appeal letter and the determination .. which you will attach a copy of to the appeal .. they too might notice the problem and reissue a correctly stated determination.

You all know what a drop down box is .. don't you?
Well they sure don't hand write all those determinations:)

When I use to see a determination that made no sense .. I called the state to let them know they had screwed up. Some would take care of it right away .. other make you go through the whole process .. just so .. I guess an ALJ or hearing officer can get all bent out of shape.

File the appeal and call the state.

Sep 05, 2009
Statute 443 Notice of Determination
by: Anonymous

In Section i it states "The claimant was discharged for failing or refusing to adhere to a known company policy regarding prohibited conduct. The claimant's actions constitute misconduct. (this is of course untrue, I will appeal)...

However, Section II of the Determination states:Disqualification is required from 7/05/09 thru 8/01/09 & until you earn $3281.

What does that mean? Will I receive benefits after 8/01/09 or what does the 7/5 thru 8/1 date mean? I worked for this company more than 5 yrs.

I've never before filed for Unemployment so I'm clueless at this moment. I called their 800# and the guy had no idea either, he just said appeal.

Please help me interpret this, thank you!


Hi Anonymous,

It's a disqualification, but because of the length, I need to ask if you received any vacation pay or possibly severance.

The length makes no sense .. because unless FL has changed their disqualifications the standard DQ for quitting or misconduct is to earn 17 times your weekly benefit amount to purge the disqualification and possibly to additionally "serve" the 17 weeks.

If your WBA is approx. 193 the figure of 3281 is 17 times that amount.

Jul 16, 2011
Employer chargeabiluty
by: Anonymous

what does it mean in section
Section 2 In accordance with section 443 florida statues
Benefits are payable because: The discharge was for reason other than misconduct connected with work
But then it says the employer is not chargeable since the employment was not in the base period ...so whats this mean that am i getting it or not im confused are they saying that its not my fault?



Well .. without seeing the rest of the document, it sounds like you were allowed benefits because misconduct was not shown, but, I also think the separating employer isn't being charged at this time because the benefits are always charged to employer that paid wages during the base period wages.

But it in no way means the employer can't be charged for future benefits should the wages they paid you become part of a new BP on a New claim for benefits.

Aug 28, 2011
employment is not chargeable since employment was not in the base period... mean?
by: Anonymous

I am also confused. First, I recevied what the benefit amount will be for the wkly benefit amount. I even received 1 check. Then I received a letter stating in the determination section that benefits are payable because:The seperation was due to lack of work.
In the section III Employer Chargeability: The employer is not chargeable since the employer was not in the base period. Work history: worked for employer 1 for almost 9 yrs. Was let go...2 wks later called back to work...2 wks later several of us were outsourced which that company was now employer 2. I worked for employer 2 for 6 mos then let go again "due to lack of work". Bottom line am I or am I not going to receive the benefits? Do I have to appeal? All this is so confusing. Thanks for any help any can give me!





Hi,

Well it sounds like you are receiving benefits because the separation has been determined to be a lack of work. That is a qualifying reason as it is the only type of discharge that doesn't have an argument that the reason was for misconduct.

Now .. I can't help the fact that FL sends out all that employer information with the determination, but when you're reading about chargeability .. you're reading stuff that is actually intended for the employer.

Understand this.

Regardless of what the original job loss .. that prompted a claim, the details surrounding any subsequent job loss will control even your ability to reopen an existing claim and start collecting benefits again.

Although this employer did not pay any of the wages in your base period (first 4 of last 5 COMPLETED quarters, relative to date claim is first filed) they most likely will be chargeable should you have to file for a second benefit year .. (even when you are collecting EUC benefits a new claim must be initiated when a benefit year ends.

It is actually the rules about when an employer may protest benefits .. that he might be charged for .. that can throw monkey wrenches.

It's state specific and is what explains in part, why people receive overpayment determinations .. sometimes over a year later .. because the state did not adjudicate a separation at the time of the separation and reopening ..

Mainly .. because the employer knows they don't have to respond .. and can protest .. when and if a person establishes a new claim and benefit year that will make them a liable employer.


Dec 22, 2011
misconduct
by: Anonymous

I received my letter from The State Saying I can't Get my benefits due to misconduct.

What exactly are the ie of misconduct. Because I was Told at the Time of separation That it was due to family issues and he needed someone who was single without a wife and children. That wanted to work 50 hours a week plus? So my question is where does this Misconduct Apply. Any prior Cases which were won with. A similar case please post since I know it's all BS and I want to be prepared for this hearing thanks. For ear and hopefully some Prior Cases that have Been won





First of all, you didn't provide enough information to even know what your case is about .. and you have assumed that the employer told the state the same thing they told you about the reason you were being separated.

If you've been denied unemployment benefits .. then appeal to make certain you save your rights to do something about the fact that you were denied.

Then prepare for the hearing.

Jan 10, 2012
Help
by: Anonymous

In the Section II. Determination it states, Benefits are payable because: The discharge was for reason other than misconduct connected with the work.

What does that mean?





It says what it says. Benefits are payable because the discharge was for something other than misconduct.

For an employer to prove you don't deserve benefits when they fire you .. they must prove misconduct.

However, I warn you, this doesn't mean it's over. You will start to collect benefits now, but the employer also has the same appeal rights as a claimant does when in disagreement with a determination.

If they do appeal your right to benefits, you will either have to win that hearing or suffer repaying what you have received in benefits.

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