Florida. When fired and hired back as a 'consultant', might it jeopardize my ability or amount of unemployment benefits?

by Michelle
(Florida)



I've been employed for 2 years in Florida with this company. Their office is in Boston but I work in Florida managing one of their buildings. The Boston office, who hired me and who pays me, loves my work. I accomplish all the requirements of the job and exceed their expectations. They want to keep me in my current position with my current salary. One of the 'owners' is an 87 year old man who spends the winter months down here in Florida, presiding over my work. The older 'owner' is going to fire me because he "doesn't like" me. Boston wants to keep me but will capitulate to what the older man wants.

Boston said that, once I am fired, they want to 'hire' me as a consultant (1099)on the side, without the older mans knowledge for a few months so that I can complete several projects that are essential for my participation in.

If I take the 'consultation' position, which may last only a month or two and will pay a fraction of my previous salary, will I jeopardize either my ability to collect any unemployment OR will it affect the amount I can collect for unemployment?



Hi Michelle,

Interesting situation. What are they going to fire you for? What's the reason they are going to use? Why don't they just lay you off?

Yes, 1099 wages will have an impact on your weekly benefit amount. I think it would be wise to establish the claim before you become a "consultant" for them. I can't really tell you why I think this, but something is bothering me .. I don't think it would bother me if you were being fired by a different employer and found a job as a consultant, but the fact that the employer is one and same ... bothers me.

$275 is the max benefit amount in Florida. Florida disregards earnings equaling 8 x times the federal minimum wage before they start reducing the weekly benefit amount dollar for dollar earned. This essentially means that someone entitled to the max amount will never see an unemployment check if they are earning at least $275 plus 8 x times the Minimum wage.

I also think you should understand what constitutes "covered employment" See Coverage Table 1/4

In addition, if you establish the claim, it's good for a year. You can reopen it after the consulting job ends if it doesn't behoove you to file for partial benefits. Benefit duration in Florida is 9 to 26 weeks. If a person has been steadily employed for at least 18 months the duration will probably be 26 weeks.






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