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The new job didn't work out

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Pross001

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

A few weeks ago, I filed for unemployment. During the first week I went out looking for jobs, I received a job offer, I actually spoke about it here at this forum. I started the job almost a week and half ago, and last night they told me that it's not working out, so they sent me home.

Is it going to be difficult to get back into the unemployment system? Unemployment, originally, never actually gave me a final word whether I was fully accepted, I have yet to get a check for the first week that I claimed unemployment.
 


commentator

Senior Member
What you have to do is "reopen" your claim. You get into the system and Tell the person you talk to about what will happen. It won't be any more difficult than the initial move was. Okay, we assume you filed a claim for benefits. You had monetary eligibility to draw some amount a week for so many weeks. We assume that since you have not received anything saying the claim was approved that you were still in the adjudication process. I believe this was the post where everyone turned themselves wrongside out about whether or not you could continue to work at your self employment job, and I assume that the FL system told you it was fine to do so. I am assuming you haven't heard yet whether the claim is approved or denied. Is this correct?

We also assume that you began filling out certifications (doing certifications by telephone or internet) for each week that passed after you filed the claim, right? Okay, that means that if/when the original claim is approved, you'll have filed for and served at least two weeks, one of which you'll be paid for (the first week in the FL claim is a waiting week, you don't get paid for it.)

We also assume you did not file for the week you went to work, or that you filed and reported your gross wages made Sunday through Saturday for that first week. And that the next week, a full week of work, you did not file? Right? Now all you need to do is call in and talk to someone, tell them what has happened, say you want to re-open your claim. Do this on the phone, even if it's much harder to get in to speak to someone. If you try to do it totally on the internet, where you can't tell someone what has happened immediately, it will prolong and complicate the process.

Explain clearly that you showed up for work every day, that you did the job to the best of your ability, that you did not quit the new job. You were told by them, after a certain period, that you just weren't working out. Of course you will need to tell the exact truth, because whatever you say will be verified by the system through the employer, so if you did quit, you'll have to tell the truth and admit you quit. But if the idea of you not working there any more wasn't yours and they told you they were letting you go, then that should make it very easy for you to get back onto unemployment benefits.

If a person accepts a new job, goes to work, shows up every day and does his best, and the employer still doesn't like his work, and decides to let him go, he'll probably be approved for benefits. In cases of firing, the burden of proof that they had a good misconduct reason to fire the person is on the employer. Performance issues that are not misconduct based (such as being too slow, not having the necessary skills, making too many mistakes) will not disqualify you. Deliberately messing up, sleeping when you should be working, violating company rules about smoke breaks or texting on the job, stealing, absenteeism, tardiness, all the basic misconduct things will still keep you from receiving unemployment benefits, but basic performance, just not being good enough or fast enough, those aren't disqualifiers because they look at it as things the employee could not really control.

If you just quit because you didn't like the work situation, or the people you were working with, or didn't feel like it was paying enough, the burden of proof that you had a good work related reason to quit is on you, and it must be quite high, a VERY big reason to quit. Like being asked to do something dangerous or not being paid timely. So it will be much harder and much less likely you'll be able to pick back up on unemployment.

Either way, once you accepted the new job, and began working there, it became your last job of record. The decision to grant benefits will be based on this job, and even if your prior claim was approved, there is a chance this one won't be, and if so, there will be no benefits except the week or two you got before you began the new job. If the original claim happened to be denied, they'd look at first whether or not you'd made enough on the new job to have re-earnings, and then still consider the reason why you left or were terminated from the new job as to whether or not you get approved this time.
 
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Pross001

Member
What you have to do is "reopen" your claim. You get into the system and Tell the person you talk to about what will happen. It won't be any more difficult than the initial move was. Okay, we assume you filed a claim for benefits. You had monetary eligibility to draw some amount a week for so many weeks. We assume that since you have not received anything saying the claim was approved that you were still in the adjudication process. I believe this was the post where everyone turned themselves wrongside out about whether or not you could continue to work at your self employment job, and I assume that the FL system told you it was fine to do so. I am assuming you haven't heard yet whether the claim is approved or denied. Is this correct?

We also assume that you began filling out certifications (doing certifications by telephone or internet) for each week that passed after you filed the claim, right? Okay, that means that if/when the original claim is approved, you'll have filed for and served at least two weeks, one of which you'll be paid for (the first week in the FL claim is a waiting week, you don't get paid for it.)

We also assume you did not file for the week you went to work, or that you filed and reported your gross wages made Sunday through Saturday for that first week. And that the next week, a full week of work, you did not file? Right? Now all you need to do is call in and talk to someone, tell them what has happened, say you want to re-open your claim. Do this on the phone, even if it's much harder to get in to speak to someone. If you try to do it totally on the internet, where you can't tell someone what has happened immediately, it will prolong and complicate the process.

Explain clearly that you showed up for work every day, that you did the job to the best of your ability, that you did not quit the new job. You were told by them, after a certain period, that you just weren't working out. Of course you will need to tell the exact truth, because whatever you say will be verified by the system through the employer, so if you did quit, you'll have to tell the truth and admit you quit. But if the idea of you not working there any more wasn't yours and they told you they were letting you go, then that should make it very easy for you to get back onto unemployment benefits.

If a person accepts a new job, goes to work, shows up every day and does his best, and the employer still doesn't like his work, and decides to let him go, he'll probably be approved for benefits. In cases of firing, the burden of proof that they had a good misconduct reason to fire the person is on the employer. Performance issues that are not misconduct based (such as being too slow, not having the necessary skills, making too many mistakes) will not disqualify you. Deliberately messing up, sleeping when you should be working, violating company rules about smoke breaks or texting on the job, stealing, absenteeism, tardiness, all the basic misconduct things will still keep you from receiving unemployment benefits, but basic performance, just not being good enough or fast enough, those aren't disqualifiers because they look at it as things the employee could not really control.

If you just quit because you didn't like the work situation, or the people you were working with, or didn't feel like it was paying enough, the burden of proof that you had a good work related reason to quit is on you, and it must be quite high, a VERY big reason to quit. Like being asked to do something dangerous or not being paid timely. So it will be much harder and much less likely you'll be able to pick back up on unemployment.

Either way, once you accepted the new job, and began working there, it became your last job of record. The decision to grant benefits will be based on this job, and even if your prior claim was approved, there is a chance this one won't be, and if so, there will be no benefits except the week or two you got before you began the new job. If the original claim happened to be denied, they'd look at first whether or not you'd made enough on the new job to have re-earnings, and then still consider the reason why you left or were terminated from the new job as to whether or not you get approved this time.
I called the unemployment agency after I posted this subject. It appears that I was approved for unemployment compensation. They said the check was sent this morning to my bank account. I didn't notice that I was approved, because they never sent me any documents regarding this. They also told that I do have to go back and refill everything out with the information from newest company However, I haven't received a pay check, so I don't know what was my rate of pay or my complete earnings. When they hired me they never told what exactly was my training pay or what was the schedule was in regards to my compensation. This seems odd, but they are a documented legitimate company. I sent them an email, and I will try to call them in a hour or so to try to make arrangements.
 

commentator

Senior Member
It's not all that important. Guess your rate of pay while filing this reopen, okay? I don't mean lie about it, I mean do not delay in the reopening of the claim because you do not have this exact information. The unemployment system will be able eventually to see exactly what you have been paid for the time you worked for this company.

Of course after you reopen, you'll report your gross earnings on the week you earned them when you certify for any week (Sunday through Saturday) that you did work at this job, after the reopening paperwork has been filed. But if you have a ballpark figure, that's about all you need to do the filing paperwork, unless PAY was the whole issue and reason you quit or were fired and everything. Since you've not yet been paid at all, I'd say that was not the case. So don't worry about it, if they don't get back with you very quickly, put something reasonable down and file the reopen.

You should receive the first check, from the approval of the old claim, it obviously was approved (they decided they could save paper by not sending out those letters anymore) and you'll begin after this week making the weekly certifications again. Remember that you always do weekly certifications for the previous week from Sunday through Saturday. If you worked at the new job on Sunday and Monday of this week, and were told Tuesday that you were no longer working there, then figure up your best guess of your hourly wage (or the exactly hourly amount if you know it by then) times the hours you worked, gross wages, before take outs, and report those earnings. If they're more than your weekly benefit amount in unemployment, then you won't be able to qualify for the week, if you are approved again, you'll start the following week. If they are less, you'll receive part of an unemployment check with those earnings taken out.

But as I said, if you were approved on the first claim, which you very likely have been, and now you were let go from this job through no fault of your own, then you'll not have too much trouble starting up the unemployment again. Don't even think about not telling them about any place you've worked for actual wages, or any amount of wages you drew in a week, however small, because their system will pick it up anyway. But if as you said "the new job didn't work out" because they let you go, you'll probably be re approved quickly.
 

Pross001

Member
Out of curiosity, if I get reincorporated into the system would it be the recent employer that will be paying the unemployment compensation or will it be last employer from before?
 

OHRoadwarrior

Senior Member
Out of curiosity, if I get reincorporated into the system would it be the recent employer that will be paying the unemployment compensation or will it be last employer from before?
It will be determined based on your base period. Likely, the previous claim base period is still open to be paid from.
 

commentator

Senior Member
Once you filed a claim, which you just did, it is in place for one year, drawing on the base period employers from that time frame. The answer is that right now, none of the wages you made at the most recent employer's place of business would be in the claim you will be drawing if you are approved to draw again.

But they'll still object to just giving you a "no harm no foul" termination if you were the one who quit. Because one or two years down the road, when/if you were to file for unemployment benefits again, they're on the hook for the amount of wages they paid you. Those wages were reported, and if you have an uncontested termination, they're charged some for your drawing in that claim. And it happens much more frequently than you would imagine. When I collected taxes, I was constantly complained to by employers who were being charged for Joe Blow, who worked for them three weeks a year ago, who is now drawing unemployment that they're being penalized for.

The very wisest thing for an employer to do is lose problem employees very quickly. This greatly limits both their liability tax wise and their defense of the reason for termination. You're not doing yourself or the employee a favor if you keep them hanging on, letting them get away with more and more, and then after two or three years you terminate them for about fifty different reasons, beginning with they were a bad hire from the start. All the HR pros here will tell you it's best to get rid of the problem people very quickly.
 

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