Determination Letter came in today- UPDATE!

by Andrea

(Florida)

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.

Comments for Determination Letter came in today- UPDATE!

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Almost the same mess!

by: Nervous in FL

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.

I’ve been collecting for months and the difference is in section 3, it says that the employer IS chargeable. I had no clue at all they were even challenging as been getting pymts. for months. Does mine mean they didn’t provide any documents and lost the challenge? All day yesterday I sat in anxiety and tears thinking I lost my money, etc Then today after claiming weeks just yesterday before the mail came, I got my full pymt today. So am I ok? Freaking out, why don’t they tell you immediately that an employer is challenging? They let you collect thousands and then might have to pay it back? WHAT? OMG..any help appreciated, I wish I knew what it all meant??? TY

Hi,

Tried to answer right here below your comment, but not enough room.

I’ll have to post my own .. so I hope you requested email notification for this.

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Determinations about Charging an employer

by: Chris – Unemployment-tips

You’re okay .. unless the employer listed on that determination appeals it because being charged is what employers always try to avoid .. Being charged means their UI tax rate will go up.

This is confusing for an unemployed person and for me when I can’t see the determ and ask questions about dates .. and I am not doing that anymore.

But, I’ll try to explain why employers appeal and sometimes what seems to be a lifetime after you last worked for one.

Although any new claim for benefits is monetarily qualified on all wages you receive from all employers in your base period, which is a different period of time prior to the day you file the claim.

It’s still the last or most recent separation from work that determines the non-monetary eligibility to receive the weekly benefit amount the monetary determ and your BP says you’re entitled to .. even when your wages from your last employer aren’t showing up in your BP yet.

But, with the former mumbo jumbo said, what has happened in the labor market and to how people are working these days .. underemployed, multiple part-time jobs, temp assignments .. and stopgap employment measures can only be termed as transient ..

Along with this, states have different non-charging provisions for employers and some have better rules about employers responding to notices of claims filed.

Some have very strict rules about an employer responding when first notified someone filed a claim, regardless of whether they are a BP employer yet or not .. because what they are is the last most recent employer.

This is why it’s difficult for me to know if you should be nervous or not..

Part 2 is continued in the next comment

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continuing comment

by: Chris

Florida used to let an employer slide on responding to a claim until the wages paid became part of a new base period and the claimant filed another claim with a new BP (such as when someone after a year of regular benefits and extension benefits has to be requalified for a second BY(benefit year).

That means a new BP (base period) and because the Federal government has never wanted to pay extensions when there were already qualifying wages sufficient for the lower 2nd benefit monetary requirements .. they always look first at the BP wages.

However, and you’re the one that going to have to check the FL statutes .. I thought I read somewhere that FL began requiring employers to respond to notice of claims, regardless of whether the separating employer was a BP employer or not.

My suggestion would be to first find out what the rules are for employer responses to notices from the FLUID or whatever they’re calling themselves now.

And, request your claim file from the department. (You have a right to see this).

You can then, at least start being proactive about determining whether you should be nervous, crying all the time .. or just preparing to make sure you keep what you’ve received thus far and not ever be asked to repay the benefits should the employer appeal that determ.

And of course .. you could check online I beleive whether they do appeal by the deadline found on the determination