UNIQUE SITUATION-FLORIDA – (Unemployment for Part Time Workers)
I started with a company in Feb 2004 working FT in HR. Worked for a couple of years and then had a baby,went on maternity leave and FMLA from Dec 2006 until March 2007. I then decided I coulndt go back to work and leave my little one so I resigned. Two months later May 2007 I was hired back on to work in HR/Recruiting for the same company, only PT from home. Recently I received a new boss who said she no longer needs someone PT from home, she wants someone FT and needless to say, my last day of work is tomorrow, June 26. My question is can I file for unemployment as a PT employee and when do I need to file and what can I expect to happen in the process and what information will I need to file a claim.
Thanks in advance for any assistance/guidance you could provide me.
This is a great question and one that is definitely a state specific question.
The resource I use to try to answer it is the USDOL.
The first thing someone needs to find out is how or if their state has a part-time worker provision. This information is found in the Nonmonetary chartbook – Table 5-10.
Florida “interprets” their statutes. So I would think that a history of part-time work would be necessary .. because if the employer offers a person a full-time position before terminating the employment this could in many states be seen as a “refusal of work” which would be found disqualifying.
Although I don’t have information to determine what constitutes a “history” .. I think that two years is a history. I would need you or others to verify that though.
Unless you are receiving a severance .. you should file June 27.
If you can establish the history .. you should get benefits unless a refusal of full-time work is automatically disqualifying .. you probably know that an employer is likely to fight this by raising a refusal issue if they offered full-time. I also don’t know if Florida will require you to look for full-time work to maintain eligibility.
The big problem with Part time workers and unemployment is first, they may have a difficult time getting qualified monetarily and then they may be required to search for full-time work to continue to be eligible from week to week.
The Stimulus is offering additional money to states that make changes to their UI system that modernize, but Florida is kicking and screaming and sounding resentful in their press releases and Part-time worker provisions are part of this. The provision .. such as in California allows the job search to be for another part-time job.
I would say yours is a lack of work claim, but the employer will view it as a voluntary quit if they offered you a full-time position.
After reading this over .. I realize I might have just created more questions .. so feel free to ask.
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