They are most CERTAINLY giving this person a clean claim here. Whether they had a good reason to let this OP go or not, as long as they say the reason for separation is "downsizing," in other words, in unemployment jargon, lack of work that is what it is. It is a simple lack of work claim which they are not protesting and it will not have to be adjudicated. It may be downsizing for this person only, but as long as they do not say it is a discharge for cause, which they are not saying, it is a clean (simple) claim and will not need to be adjudicated, it will just be verified with the employer that this person was let go due to downsizing.
Quote: Do you think it's worth the $$$ to go see a lawyer for some tips on getting these things? My severance isn't that big and I'm not some high-falutin' executive, nor do I have a bunch of money saved in the bank. I'm just seeking to get the best deal possible to benefit myself, without having to spend a lot of my severance to no real benefit. However, I'm willing to spend a little if there's a reasonable chance it could be worth it.
NO. The most you can receive in unemployment benefits in Florida is $275 a week for 26 weeks. You have something saying you are let go due to downsizing. You file the claim immediately, tell them exactly what severance agreement you have made with your employer. They will verify this information with the employer, and I do not see ANY need for you to do anything else except make the weekly certifications for benefits as instructed, register for work and complete any required worksearches as instructed, and be looking for other jobs.
Contrary to what some would have you believe, there is not a lot of hidden knowledge or special trickery related to unemployment benefits. Most attorneys do not know a whole lot about unemployment law, though they can read the statutes, as anyone could do, if there was a need to do that. In your case, there won't be. But allowing employees to sign up for unemployment benefits are a legal requirement, like paying the minimum wage, and there are supposed to be posters in every work place that tell you that you may, if separated from your job, always file for benefits. If your employer tries to get you to say you will not sign up, or sign some sort of agreement not to get benefits, they are doing something that is illegal for them to do.
Your separation letter is not saying that. Standard boilerplate language, as you've been told. The employer is not "free to say you don't get it" once the unemployment claim has been approved. It is a bit absurd to think the employer would waste their time in this manner, having first given you a "let go due to downsizing" separation. If all the employer had to do was change their mind, inform the claims office of their decision and you were out, NO ONE would be approved, because your drawing costs the employer money.
The unemployment program is designed to be user friendly in most cases and states, (and even in Florida an ordinary person should be able to fill out their own paperwork) and in your situation, with a clean claim, which you have if you don't put down or tell them something funky when you are signing up. When you apply for benefits, which you should do right away, give them the exact reason why you are no longer working at your job that you were told by your employer in the separation paperwork.
If there is no better clear choice, saying that you were let go due to downsizing (when this is what your employer told you or has put on your severance letter) is the same thing as lack of work. You were not terminated for cause though you and your employer may have had differences and you may have been the highest paid and most vocal person on the job. That's all over. They've elected to let you go without cause. Due, they say to lack of work for you in their business, due to their decision to downsize the number of employees. They know you will be approved if they give a reason like this. As you cannot contest your termination, they will not contest your unemployment benefits. And being let go due to downsizing is a very common reason to be terminated, and it looks just fine on your future references.
Unemployment insurance has nothing to do with your income or your poverty level or how badly you need the work. It is not our taxpayer dollars being paid to you, it is paid in by the employers in case they let employees go through no fault of their own, and you need to sign up immediately, not wait until you've been off work for any period of time, because even with a clean claim, under the best of circumstances, it will take about three to four weeks to get the claim coming in.
