Florida Unemployment UAC Review Questions

[mstmadison]

What is the name of your state (only U.S. law)? Florida

In July 2009 I gave notice at my job that due to a disability I was leaving. I had been a dog groomer and was severely bit on 12/14/08. After a month I was released back to light duty the 3/31/09 full duty. I had problems grooming and was bit 2 ore times in April and July. July 10/09 I went to y manager and asked what my options were as I could no longer groom which I was hired for due to not being able to control the dogs from my dog bite injury of 12/14. I asked about a leave of absence, a transfer(I had asked for one in March 2009 but was denied due to my being unable to groom)my contract and what could I do. My manager told me the only thing he could do was make me a cashier (straight pay no more commission which ended up being a 200 a week pay cut)which I accepted. I tried the job for about a week and a half and could not do it. It was lifting 10-50 lb bags of dog food, cat food, kitty litter etc. I gave notice and was on the schedule for the week. That night I was called into the office and told my shifts were covered I was done. I filed unemployment and was denied for not asking for a leave of absence which I did. I had a hearing and the referee determined that I quit because I didn't get a transfer to another store so it was personal.(How she came up with that I have no clue) My manager admitted he never even called to see if there was work available in another store since I could no longer groom. He also told the referee he doesn't remember me asking about my contract or a leave of absence. He did admit as a cashier I had to lift the heavy items with my injured hand. I then appealed to the UAC review board. It's been sitting since Oct. and when I call and ask the status I keep getting the answer it's in review. What can I do this has been going on since July I'm going to have to leave my rental house since my savings is no gone and I can't pay the rent.
Any advise would be helpful. This is all took place in Tampa, FL.
Thanks so much!

 

[commentator]

If your unemployment was denied in your hearing, you now have only one more appeal stage, which is the board of review. In this stage, your hearing is reviewed by a panel which determines if unemployment law was followed in the process. Keep calling, because it does sound as though they should have gotten it reviewed by now.

If you asked for a leave of absence with a doctor's statement, because you could not do the work, this might have been what they were talking about. It sounds as though you asked originally for a leave of absence OR a transfer. You then were transferred to the job as a cashier, and after accepting this transfer, worked a few days or hours or minutes, and decided you could not do it. So then you had to stop working, right? You gave notice. Okay, so you voluntarily quit the job. did you present your employer with a doctor's statement at this point, and ask for a leave of absence for health reasons? I think this is where they are saying you didn't do it. In fact, you are saying "I gave my notice." Okay, this means you told them you quit.

The employer was not bound or obligated to find you a job you could do with another store. If you could not groom or be a cashier, I don't really see what you could have done anyhow. You had previously said you had been released by your doctor with first light restrictions and then no restrictions. Was Workman's Comp ever filed for your injuries?

Frankly, it doesn't sound good for your side. Have you been certifying for weeks of benefits all this time? If so, and you win your review, you would be back paid all these weeks of unemployment. But given what I am reading here, it sounds as though you should be prepared to lose this one.

And as I've said before and will say again, unemployment is not based on how badly you need the money. You probably should apply for all the other forms of needs based assistance available and try very hard to get a job you can do. If you have limitations due to your injuries, perhaps you can get assistance through your rehabilitation services office.

 

[mstmadison]

It was a workers comp injury. I filed for workers comp got one week then was placed back on light duty. I attempted to groom for 3 more months and got bit 3 more times because my hand let go. I went to the manager and asked what my options were. He said get a 2nd opinion which took until 10/09 thanks workers comp the new DR put me on a 10 lb restriction. I asked what about a leave of absence and he said no. I then asked about a transfer I had asked for in March(it's now July)and was told no you can't groom. I also asked about my contract since if I quit I would owe them money for grooming school. He never answered. I was told the only thing available was cashier. After I turned my notice in 7/18/09 after 2 weeks of trying due to not being able to do the job because of my hand with the weight of 50 lbs lifting I was put on the schedule for the week then called into the office the first night and told all my shifts were covered and I was done. My original determination from UE was I failed to ask for a leave of absence.(Which I did but my manage doesn't remember so he says) There was a telephone hearing and I was trying to explain to the referee why would I ask about a transfer, my contract, and my options and not a leave of absence. The referee came back with I quit because I didn't get a transfer so it was personal (the manager admitted he never even tried to find other work since I couldn't groom along with yes they expected me to lift 50 lbs with my bad hand when I couldn't control a 10 lb dog)At no time did the referee ever say anything about the original denial of leave of absence. The UAC review was sent in 11/11/09 and still nothing. I can't read the papers they sent me except the one with my name address etc. because they sent the papers in every language but English. I also just found a document I wrote to the manager on my computer that I didn't know was there where another employee threatened to shoot 5 of us. I did not know I had saved a copy I thought the store had them all and never brought this up because I figured the store would have lied it ever happened. Nothing was done to this employee until June when she was transfered to another store. Since I just found this document can I notify UE and submit it since it's extremely important. Anyone know how long it takes for a review. I call ever day and am told 45-90 days from 11/09.
Sorry for the long post but I'm trying to make sense of this situation. Should I just go to my FL one stop office and ask what's going on?
Thanks for any help!

 

[commentator]

Florida is like most states, really really bogged down right now. But going to the Career Center (one stop) isn't going to help, as there is probably no one there who does unemployment or who can answer your questions. Some people who post here have called people within the system in Florida and gotten some personal attention with their claims. Perhaps you can find where this was done by reading old posts related to unemployment here...got it, what the person said about Florida u.i. was "feel free to call AWI Department Director, at 850-245-7137. She or one of her assistants will be glad to help you. I'm not being sarcastic either,she really does try. If she can't get the answer you need...she will research it until she does." Perhaps this person can help you.

But I am having trouble figuring out exactly where in the claims process you are. If you already had the hearing, and have asked for a Board of Review appeal, then you probably may be allowed to submit the additional paperwork you have come up with IF it changes the nature of your case. (Such as proof in writing that you did ask for the leave of absence.) Depending on the circumstances, new information, like the stuff about someone threatening to shoot other employees, (which was not mentioned as a factor in your quitting when you had the hearing) will not be allowed into the final decision you are looking for.

If they sent you something in November about your denial in the hearing and a board of review appeal, I hope you did file the appeal with the board of review. Otherwise, that denial is the final thing you are going to get and the claim is denied. It should have said something somewhere that you had fifteen days to file an appeal of this decision. If you did this, and you are waiting to hear from this board of review process, you may want to try calling the appeals tribunal. I am sure that their number is somewhere on the paperwork you received, even if you found the paperwork mostly incomprehensible. I am sure you got some information in English.

Frankly, from what I'm hearing here, this is not such a life and death wait as you are seeing it. In my humble opinion, it does not sound good for you concerning receiving unemployment benefits in this situation. I believe they are accepting what the employer told them, that you filed your resignation, voluntarily quitting, instead of asking for a leave of absence. If you lost the appeal, and the board of review does not overturn the appeal hearing decision, then no matter what happens from here on out, you will not be able to get unemployment until you have worked again somewhere, made some more wages and have been laid off again. No place you can appeal higher or sue them for denying your claim.

I am a bit confused about the worker's comp situation. You were worker's comp, you were released to light duty...then your case was closed? Or you are still under some restrictions? You quit after your W.C. case was closed or before?

 

[mstmadison]

florida Unemployment UAC Review Questions

After the first determination of failure to ask for a leave of absence I had a telephone hearing where the ref never asked about the leave of absence just harped on the I asked for a transfer in March my telephone hearing was Sept 29 19th. I quit July 19th or actually that was my last day I was supposed to work another week and was on the schedule. My resignation notice was I had to leave due to being unable to lift the weight of 50 lbs with my hand(severe dog bite in Dec.) and due to being changed to night shift since I am night blind. After the ref determination that I quit because of the transfer I appealed to the review commission on 10/11. The workers comp claim was still open but since I wasn't getting benefits since I was released to full duty July 10th from the 3rd dog bite I asked for all my options prior to quitting which was only cashier lifting 50 lbs. Doesn't this sound like quit with good cause due to health. They admitted I had a hand disability to UE. but they had me lifting 10-50 lbs. I'm just wondering how long the review takes since it's been sitting there since 11/11/09. And why the ref never asked about the leave of absence to the manager and he stated "I don't remember" then she went on to transfer my contract and how much I had to lift and was I really bitten 3 times between 12/08 and 7/09. The only reason I'm upset is that this has been going on since July my savings I had is no gone and I can not pay Jans. bills. I did contact the Gov's office who had UE call me the next day 12/25/09 and was told by UE that I should have hopefully a favorable decision within a few days. Now it's almost another month and every day I call I get not yet.
Hope that helps some more and sorry for the long post.
Thanks in advance.

 

[commentator]

I'd keep calling. Call the people back who called you. It was probably someone at the number above that I gave you. But they are not ever going to say "Yes, you'll get approved!" or even hazard a guess about your chances when you call about why you haven't gotten a decision yet. It may be a yes or no when you do get an answer. You are waiting for a decision. This does not mean you are going to get a favorable decision, get your money backpaid and be ready to go on with life.

I still say it sounds as though you quit your job for health reasons (which are considered personal) and this was the way the decision went and the reason your claim was denied. There is no absolute law that they had to give you a leave of absence or that it would have made a difference if you had asked for one back in March. I'm not too cheerful about your chances for being granted an overturn of the hearing decision, but it could happen.

I'd work under the assumption that you aren't getting approved. Try to figure out some other alternative solutions to your financial problems. Because then if you do get approved, it will be a nice surprise, not the thing your whole world is revolving around. They are going very slowly, so you will have to keep prodding them.

As I have said many times before, unemployment is not a right or a survival tool. They cannot be sued because you went broke waiting for them to make a decision, because this are not an income support program based on how poor you are. That said, they do have certain federal time constraints they are judged on, late decisions and late pays are certainly not considered good performance on their part.