Unemployment benefits when job details are changed
My question is whether you can obtain unemployment benefits in the state of Florida when your job is changed from regular employment (benefits, taxes taken out etc. ) to being told you have to become a subcontractor at home with no benefits included. I cannot do this job home to change to this status.
I would call that a substantial change in the conditions of hire.
subcontractors are generally considered "self employed". Employers may try to move people to a different status so they don't have to pay taxes and benefits, but if they retain control over you like you were still an employ .. you are still an employ.
If the employer does this .. I here's what I see potential for either the employer or the state doing .. so be careful.
The change creates a lack of work in my book. But the refusal to become a sub-contractor who works from home pays their own taxes etc., allows the employer to possibly protest that you "refused suitable work" and it doesn't even need to be a valid protest to cause you problems which may take time to straighten out.
Or the employer is still planning on controlling you and would protest it as a voluntary quit without good cause.
I would really like to be able to point you to Florida unemployment precedents which may comver this .. but I've never found them.
This is probably the type of question that should asked of an attorney, to be safe.
It's not that I don't think you could get benefits, but I have concerns about how Florida is first denying claims irregardless of whether they should be or not.
A little case law knowledge to back you up when applying for benefits never hurts and in your situation my main concern would be an erroneous VQ determination.
Let me ask you this, would you have to spend money to set yourself up as a subcontractor working from home .. or is home not suited to the endeavor? And what about the pay .. is the health benefits going to substantially alter how much you make?
You should have your ducks in a row, before you apply.