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Can I get Partial unemployment benefits?

by Darin
(Tampa, FL Hillsbough)

My employer has cut my hours again. I'm down to 25 hours per week at 9 dollars per hour. He will not lay me off. I'm currently seeking a job in my field (carpenter). Can I receive unemployment to make up the difference in pay?

Hi Darin,

You should at least try. File a claim because you are partially unemployed.

It may be enough of a reduction for a partial benefit amount.

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Pay cut two months ago and now hours reduced Can I collect partial unemployment benefits
by: Anonymous

Pay cut two months ago and now hours reduced Can I collect partial unemployment benefits?

In the last two months, my pay was reduced almost $400 a month. Tuesday, I was just informed that I will now work a 20 hour work week and I am traveling over 50 miles a day. This will result in another $500 reduction. I cannot afford to be cut $900 a month. He will not lay me off. Can I collect unemployment.
Thank you for your help.

Hi,

I can't tell you whether the Florida formula for partial benefits will work to allow you to collect a partial amount now that your hours have also been reduced (that is what should make you eligible for "partially unemployed").

But, I do know you should at least file a claim to find out or email me the numbers and I'd be happy to help you figure this out.

The biggest problem with collecting Florida's partial benefits is that the maximum weekly benefit amount, regardless of how much one earns, is $275 a week and that the weekly earning disregard is only 8 times the federal minimum wage. (8x 7.25 = 58.00) which is just slightly over 20 percent.

Although I have seen a Florida hearing decision which found a 17 percent reduction in pay to be a substantial change to the conditions of employment and provided good cause for quitting, but a person also has to consider the maximum for total unemployment could very well result in even less to live on because the maximum benefit amount equates to $6.87 an hour .. less than the federal minimum wage.

In other words if you are working 20 hours per week and earning $13.74 an hour which is the equivalent of the max benefit .. you'd be better off to apply for the partials because FL is supposed to disregard 58 dollars before reducing the benefit amount dollar for dollar for the remaining earnings.

I hope you see where I'm going with this because I honestly hate to hear from people having to go through the appeal process for a quit with good cause before they can get even measly benefits.

You can lose the farm in the interim.

It's definitely, one of those predicaments I think is a rock and a hard place.

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boss refuses to pay unemployment benefits
by: Anonymous

my hours have been reduced again. boss says to cut down on her payroll taxes but says she won't pay me unemployment because she can't afford to. it's not fair. what can I do?

Your boss is not the one that gets to decide whether you are paid partial unemployment benefits or not .. it's the state unemployment department who decides if your hours have been reduced enough and if what you still earn is of an amount that would qualify you for a partial payment.

So, telling me what your boss is telling is not fair is actually silly because you don't/won't know if you qualify for partial benefits unless you file a claim and go through that process.

What you boss might do when she learns you filed a claim .. is a different matter.

I say file the claim and let those non-monetary chips fall where they will if you aren't afraid to assert the control you do have over your eligibility to receive benefits.

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Partial unemployment
by: Anonymous

I just been informed in the next couple of months. My hours will be reduced from 40+ to 32 HRS.a week. Am I eligible for Partial Unemployment.

Hi,

In most cases, determining if someone would be eligible for a partial amount of the benefits they would qualify for, if totally unemployed, is a fairly simple calculation of a state's formula .. and don't forget the disregard amount .. comes off the top of any weekly earnings, before one begins reducing dollar, for dollar the weekly benefit amount for the rest of what was earned.

The Monetary Charts include the partial benefit formulas and addresses Partial Unemployment Benefits in general when due to a reduction in hours by an employer trying to avoid laying people off.

States with a Worksharing program (a voluntary program employers may, may not choose to participate in) changes the way partial benefits are calculated.
When and how it changes the calculation of a partial benefit, is found in the https://oui.doleta.gov/unemploy/pdf/uilawcompar/2018/special.pdf

Also, the Non-Monetary Charts, Specifically, Table 5-15 can also impact a person's conditional eligibility to collect partial, or full unemployment benefits.

"AVAILABILITY FOR PART-TIME WORK—Many states require individuals to be available for full-time work. Other states allow individuals to be available for part-time work under certain conditions. The following table indicates those states paying benefits to workers who seek only part-time employment. Please note that considerable differences may exist between states with entries in the same column."

I added this, because some may be fully unemployed by holding down two, or more part-time jobs and the conditional eligibility of being able and available while collecting benefits .. can sometimes be a tricky issue they too need to know more about.

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