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.




Hi,

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.

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Jan 30, 2010
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Responce to my question
by: Anonymous

I was reading your responce again. This would not be suitable work in my home and I do hope that would follow thru with them. This has not happened yet, but I am just preparing myself.



I think it is very important to become familiar with what your state "considers" suitable work.

Read your state statutes to find out and then call the department if necessary.

It's a disqualification you don't want because it is usually the same as a voluntary quit disqualification.

Jan 30, 2010
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Responce to my question
by: Anonymous

It isn't the money in the set up at home, it is that the job does not work for me to do it at home. I am seeing that this could run into a problem. All benefits would be taken away and this also would increase my own expenses greatly without gaining anymore in unemployment. But the main reason is that my home is not where I can do this type of work. I thank you for your time. I am still confused in the fact that they could essentially get away with that but I will do my research. Thank you again.

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