Unemployment Determination (Denied?)

[jc8024]

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

Hi, on 9/13 I filed for unemployment. I was terminated from my job in mid-July due to performance issues. I had only worked there FT for a month and a half. Prior to working there I worked for another company (for about 11 months) which I quit in order to accept the higher paying job.

In the unemployment claim application I listed both companies, the one I was fired from and the one I quit. I clearly stated that I quit one company to take a higher paying job and was fired from the other company due to performance.

I then received my initial determination letter stating I was eligible for benefits (though I understand it wasn't a final determination and didn't mean I would receive those benefits). However, that letter only listed the employer I quit, not the one I was fired from. I received a final determination today denying my claim and it also only listed the company I quit and stated "The claimant quit the job to accept a higher paying position."

Certainly I'm not trying to claim unemployment from them, afterall I quit that job voluntarily. Can someone think of a reason why the job I was actually fired from wasn't mentioned at all in any of the letters? Was it because my employment there was brief? It doesn't make much sense to me...

Thanks for any advice and/or clarification.

 

[commentator]

yes, i've got some very good ideas as to why the unemployment system may only be using the next to last job. First and foremost, the fact that only this job is listed on your initial determination (wages) is that they are looking in FL, at the first four of the last five completed quarters. (about 18 months back.)Therefore, wages from your most recent job would not be used at all in the calculation of your claim. But that is only in the monetary determination. your eligibility to draw out this claim, based on the reason you are out of work at present, is another thing entirely.

The most recent job may not be a covered employer for unemployment purposes in the state of Florida. Was it a very small place with three or less employees? Or was it a non-profit, such as a church? You may be considered a 1099 contractor instead of an employee. Either of those reasons may be the reason for leaving your last job is not being considered. Incidentally, if you discover that the last place was calling you a contractor when you were really under the impression you were a regular employee, you can certainly file an appeal based on this, and the state will investigate this matter fully.

There is also another possible reason that it is up to you to resolve. It may be error on the part of the claim taker, or something about the way you set it up when you filed it may have caused them to look at it wrong, for example if you listed the jobs in the wrong order on the claim form you completed, and they just glanced at it and grabbed the wrong information. If this is the case, you will be the one who perceives this problem, and the person who will need to take responsibility to solve it. Keep filing your weekly certifications even if you get word the claim has not been approved or you stop getting checks, because if there is an error, and it is fixed, you will be back paid only if you have filed for the ensuing weeks. so do that.

What you need to do is get on the phone. Day and night, keep using the phone system till you get hold of someone, email someone if you can find an email to do so, but what you need to do is get information about your claim by talking to someone in Florida's system. NOT an automated voice, a human being, who can look at your claim and see whether your last employer was a covered employer. Who can look and tell you why you are receiving inquiries about your next to last job only.

The claims system is set up so that it will not be a penalty to your next to last employer, even if the wages to set up your claim come to him only, if you quit by your own choice. He would be non-charged by the system and it will not affect his unemployment rates.

However, if you left this employer and went to work for an exempt non-profit, or as a contractor, or for an otherwise legally un-taxed employer, you will probably not be able to draw any benefits until you have gone to work for a covered employer again and worked a while and then been separated through no fault. How about seasonal holiday work in this case? Or a temporary service?

 

[jc8024]

Hey commenter, thanks for your reply. The company I was terminated from is a very large bank (in which I was a full-time teller, so I don't think I could have been considered a contractor).

I'll call Unemployment on Monday. Is there any way I should phrase my questions so they are clear and effective? For instance, if you were me what would your first question be?

 

[commentator]

In the first place, check the state unemployment web site up and down and sideways to find someone to call and discuss this with. You are not trying to file a claim, but to obtain information about your claim which has already been filed. So you definitely do not need to dial that particular number and hold for an eternity.

In fact, do this while you are filing immediately at the number provided to you to APPEAL THIS DECISION. Make very sure you have filed the appeal paperwork timely, because if there IS an error, they will not have any responsibility to fix it if you have not appealed your denial of benefits in a timely manner.

When you do get a live human being on the line, tell them that your claim has been denied, and that you do not understand the circumstances, because the denial is based on the reason you left your next to last employer, not your most recent employer. You'd like to know the reason this was done, and to determine if there has been some error.

Of course, if there is an error, and they are going to use the new bank as your last employer, then there will have to be another decision made on the basis of the termination for performance, but if you showed up and did the work to the best of your ability, and still didn't suit them, this should be an approvable claim. Keep filing for weeks of benefits, even though you're not getting them, because you want to be back paid if you can be.

You're right, it very much does sound like this large bank should be a covered employer. If you were hired for what was supposed to be a full time non-temporary job, and you worked six weeks, this should be enough to have it considered a separating employer I believe, but it will take someone from the claims department of Florida to tell you from looking at your claim.

 

[jojopl]

Please help

I am collecting unemployment for the past 5 months. I only was paid for 3 because I did not have access certify online to certify the benefits. I contacted the NYS unemployment and told them the specific dates that I was not paid for, they replied to via letter that my claim for the 2 months was denied based that I did not certify the benefits online based on that I did not have access to a computer. Please help me how I can fight this as I have 30 days to appeal. Thank you

 

[commentator]

I am collecting unemployment for the past 5 months. I only was paid for 3 because I did not have access certify online to certify the benefits. I contacted the NYS unemployment and told them the specific dates that I was not paid for, they replied to via letter that my claim for the 2 months was denied based that I did not certify the benefits online based on that I did not have access to a computer. Please help me how I can fight this as I have 30 days to appeal. Thank you

You need to start your own thread for a question, not piggyback off someone else's old post. But if you didn't file for these weeks, you didn't get them. That's sort of a "duh" given. You have to file for weeks to get paid for weeks, even if your claim is approved. The good news is, they're still in there to draw out, you did not lose them. You can file at this point and eventually get paid for all the weeks in your claim. But each week, you need to get access to a computer, even if you have to go to a friend's home or a public library, and certify every week. If you don't, YOU DON"T GET PAID. It's required. They do not care, especially in Florida, about your personal circumstances that make it hard to get to a computer. Unemployment is not paid because of monetary need. Get going and certifying for the next two months. Forget about appealing this, it's not appealable, not winnable. You just didn't certify. No one cares. It's like not cashing your paycheck. No one else's fault but your own.