Unemployment Benefit Claims

[shadou101]

What is the name of your state (only U.S. law)? Florida
I filed for unemployment on 10/23/08, I still have not been paid benefits, it's now 12/8/08, I've claimed my weeks, every two weeks but nothing. I've been studying The 2008 Florida Statutes CHAPTER 443 UNEMPLOYMENT COMPENSATION and I've found that the Agency for Workforce Innovation is suppose to make an initial determination during the first waiting week, they must notify the employer that benefits are going to be paid out the employer has 10 days to respond, "The determination is final unless within 20 days after the mailing of the notices to the parties' last known addresses, or in lieu of mailing, within 20 days after the delivery of the notices, an appeal or written request for reconsideration is filed by the claimant or other party entitled to notice." S. 443.151 Procedure concerning claims. Ch. 3 Determination, Part a- In general. Can I sue because they have not processed my claim properly and in accordance with the Florida Statutes?What is the name of your state (only U.S. law)?

 

[cracker]

Have you called or emailed to find out why you haven't been recieving benefits? Why was your employment terminated?

I was terminated due to attendence. I filed sometime in April and didn't start recieving benefits until sometime in late June because I was penalized 1400 dollars for the nature of my termination. Before you talk law suit you should try to find out why. Unemployment is experiencing higher volumes than normal now too.

 

[shadou101]

Yes, I've called. They said that I am overdue for a response. I was fired because I didn't have PTO time to cover me for the two weeks I was absence before the birth of my daughter. My doctor faxed in a note stoping mr from working because of fatigue and stress. My issue is with the Agency, by law it would seem that they were suppose to come to a conclusion by now and have paid me out benefits meanwhile.

 

[cracker]

Maybe, if you are lucky, when they do decide to respond, (and I'm not disagreeing with you that they seem slack, I think they are totally sorry) you will get a lump sum back pay, which is what I was told I would get until they decided to penalize me.

 

[shadou101]

Thanks for the response. Do you think I can sue?

 

[cracker]

Maybe, if it causes you undue hardship, it will just cost you a lot.

 

[shadou101]

Unemployment Claim

What do you mean it will cost alot?

 

[cracker]

To prove your case you will probably have to have a lawyer, and they don't just take cases for free.

 

[mlane58]

Good luck trying to even find an attorney to take this case and sue the state because someone dropped the ball on your claim.

 

[Robotrix]

What is the name of your state (only U.S. law)? Florida
I filed for unemployment on 10/23/08, I still have not been paid benefits, it's now 12/8/08, I've claimed my weeks, every two weeks but nothing. I've been studying The 2008 Florida Statutes CHAPTER 443 UNEMPLOYMENT COMPENSATION and I've found that the Agency for Workforce Innovation is suppose to make an initial determination during the first waiting week, they must notify the employer that benefits are going to be paid out the employer has 10 days to respond, "The determination is final unless within 20 days after the mailing of the notices to the parties' last known addresses, or in lieu of mailing, within 20 days after the delivery of the notices, an appeal or written request for reconsideration is filed by the claimant or other party entitled to notice." S. 443.151 Procedure concerning claims. Ch. 3 Determination, Part a- In general. Can I sue because they have not processed my claim properly and in accordance with the Florida Statutes?What is the name of your state (only U.S. law)?

I have a better one for you...I filed in early September here in Florida and I keep getting jerked around, too.

I've called and e-mailed. Never gotten the same explaination twice...except "we're backed up. Just keep claiming your weeks". I even got an e-mail once telling me that the claim had been decided and my benefits paid. When there wasn't anything in my bank account I called and got a weak apology.

One time it was that someone was working on my claim and they had sent an e-mail to my employer before the last one and hadn't heard back from them. I call them and they don't know from an e-mail. I call back and no, it was going to be sent but cancelled and they were waiting to hear back from the letter to my last employer.

Told them that the place I worked had closed since I was let go (because they wanted to get rid of my salary) so maybe the letter isn't being answered. When did they mail it, I ask. They won't tell me. I ask to talk to Supervisors - they're never there. They give me to voicemail - no one calls me back.

I've called my State Senator. Nothing there yet. Doesn't help that he just got the seat after being my State Representative - and that means that there's no one in that seat either. I even wrote the Governor's office for help but that was just before the holiday...

I don't know about you but I'm out of savings. I've had my water shut off and if I don't get that money soon I don't know what's going to happen.

Doesn't it seem odd to you if "everyone" was going through this like I was told that it would be in the news?

We need to work together maybe?