Laid off from part time work, only employed 12 weeks - Florida- Can I claim benefits

by Anon
(Orlando,FL)

I worked PT for a company from 4-2005 to 8-2008 and quit due to scheduling conflicts with school. I was finally able to secure another part time job (about 22 hours) in 3-2009 and I was laid off due to a budget crisis on 7-2009.I worked exactly 12 weeks. I'm really concerned that I was not employed long enough to receive benefits, can I claim? Thank you




Hi Anon,

I don't think you will be able to get benefits .. not necessarily because you wouldn't qualify monetarily but because you didn't satisfy the voluntary quit disqualification .. which in Florida is to return to work and earn at least 17 times your weekly benefit amount. I find this information in the Nonmonetary Chartbook at the USDOL Table 5-4. You should also pay attention to any footnote listed.

Now onto the fact that it's part-time employment and the fact you are a student.

Florida does not have a part-time worker provision. In fact, Florida has few provisions .. they interpret their law, but they do not have a decision digest to tell us how they interpret their law. But Table 5-10 suggest it may be possible. (be sure to read the caution note after table 5-10).

Because you are a student I also checked Table 5-12 .. to make sure Florida doesn't automatically disqualify a person while attending school .. it looks like you'd be okay in this respect as long as you are available for suitable work.

So the big questions are whether they will apply that footnote to your situation to overcome the VQ disqualification and if they do whether they will allow you to look for only part-time work or insist you look for full-time work .. The difference if they insist on looking for full-time work is whether you limit your availability for work which could create an "able and available issue".

I would appreciate it if you would please update your submission, so everyone can get an answer to this question .. since I've had a number of questions lately on this very subject.

Thanks
Chris

If I have only confused you .. just ask me to clarify:)


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Jul 08, 2009
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Thank you
by: Anonymous

Thank you so very much for the thorough response. I am actually open to either full or part time work, absolutely anything at this point. I will certainly update my status once my claim has been approved or not. Also, I've been attempting to calculate the 17 weeks formula. Do I divide the amount I made in one quarter by 26 and multiply that figure by 17 to see if I qualify?


:))
Qaulifying formulas give me a headache.

Yes, that sounds right .. the state takes your high quarter wages and divides by 26 to get your weekly benefit amount .. this actually is approx. 50 percent of what you made per week if you earned the same amount every week in your high quarter. And remember they are looking at the wages in your base period which is the first 4 of the last 5 COMPLETED quarters .. so if you filed before 6-30 it's 1-1-08 through 12-31-08 and if you file 7-1 through 9-30 it 4-1-08 through 3-31-09.

You would have had to earn at least 17 times your WBA in the employment you were laid off from to purge the voluntary quit disqualification.

Chris

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