Unemployment Claim

[jburdier1122]

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

I had worked at a company for 3 years. I had given my two weeks notice and had planned on leaving 2/18/2011. Well since the moment I gave my two weeks notice I started noticing that my boss was starting to act very strange. She had me write up an employee the Friday before then came in that Tuesday and took the employee off of probation. The ee was put on probation for being late constantly. She then told the employee that I had never told her that the employee was going thru hard times which was untrue. The employee herself told me about the meeting she had with the boss. Then I also found out that the boss was telling the staff things about me that were untrue behind my back.

When I gave the boss my two week notice I advised her I was relocating.
Well needless to say that Tuesday I couldn't take anymore of the toxic environment she created and made that my last day.

Before leaving I was in the management role so therefore was privy to alot of information. One being that one employee was fired for stealing tickets to cruise. This employee opened up mail that was addressed to another person in another suite. Well I came to find out that the employee is now collecting unemployment because the employer put on the paper that she made a bad decision.

I've made my claim for unemployment and i'm being told that because I quit and even though it was to relocate that I may not qualify.

Would this fall under some type of discrimination. Should I have explained to Unemployment everything that led up to the day of me leaving?

I'm a little confused as to how this work as I have never claimed unemployment. And it just seems discriminating to me that they would allow an employee who was let go for misconduct not to mention a federal offense would be able to collect unemployment but I may not be able to?

Could that be investigated?

 

[Zigner]

You QUIT. Why do you think you're eligible for unemployment?

ETA: That is not a rhetorical or sarcastic question. I would like to know why you think you'd be eligible for unemployment. What is your reason for relocating?

 

[jburdier1122]

I relocated because my fiance got a job here and we decided to move to a better environment for my children.

I quit because I wasn't being treated fairly after I gave my notice. The boss was starting to tell lies like I said previously in reference to an employee.

I did not want to continue being somewhere where just because I decided to relocated I was going to start having my boss who was suppose to be a professional spreading lies and making my job environment toxic.

 

[Zigner]

I relocated because my fiance got a job here and we decided to move to a better environment for my children.

That is not a reason that would allow you to be eligible for unemployment.

You quit.

 

[cbg]

I did not want to continue being somewhere where just because I decided to relocated I was going to start having my boss who was suppose to be a professional spreading lies and making my job environment toxic.

And neither is that a reason to quit and get unemployment. What you have described is a long way from meeting the standard to quit and collect UI, particularly where you had already given your notice.

This is in no way illegal discrimination.

 

[commentator]

In some states, quitting a job under certain circumstances, such as relocation with a military spouse who has been reassigned is an approveable reason for quitting and you would be approved for unemployment. Florida, good old cheap employer friendly Florida is not one of those states. If you quit your job for a personal reason, you do not qualify for unemployment in Florida, regardless of how wonderful the personal reason for quitting may be.

And your employer does not have to keep you through the whole notice you requested to take. They can tell you to leave the day you give the notice if they chose to. This is the policy that many employers follow. They certainly are under no constraints to talk nicely about you or treat you well during the notice period, even if they let you work it out.

And yes, even though they have been accused of misconduct and who knows what all else, another person may get to draw benefits when you do not. Because it was the employer's choice to make them leave. They were told to leave, it was not their idea to quit the job, and the employer in this case has the responsibility to show that they had a valid misconduct reason to terminate the person.

If they did not have any good documentation of the wrongdoing this person was accused of, then it is quite possible she was approved for benefits, because an employer who wants to get rid of a worker could accuse them of just about anything. But without proof and proper documentation of the alleged wrongdoing, they could not keep the person from getting unemployment, even though they had fired them.

In order to receive unemployment benefits, a person must be out of work through no fault of their own, able and available for other work, and have the monetary eligibility for benefits based on their past work. Where you miss the boat is being out of work through no fault of your own. You first gave notice that you were quitting, then you decided to go on and quit because you were angry with how you were being treated, but regardless, you were the one who actually made the choice that you would no longer work there, not your employer.