Unemployment Claim

[paul7979]

I recently had a part time delivery driver quit and quickly file for unemployment. His claim was denied because he voluntarily left the job without good cause. He filed an appeal which are done over the telephone here in Florida. During the appeal, he testified that he quit because he had accepted another job a week earlier and was starting that job the following day. He also testified that he is still employed full time at the job. Now I’m thinking there is no chance in he!! he gets awarded benefits. I received the decision on the appeal and he was awarded benefits. In the decision, the appeal referee referenced a case where a decision was reversed by the court because “the unemployment benefits’ statute did not “specifically” address the situation of a claimant leaving one job for another.” They went on to conclude that “the record shows the claimant left a part time job to become employed full time with another employer, and without any gap of unemployment. Therefore the claimant is not subject to disqualification.” “the determination of June 16th, 2011, is REVERSED. The claimant is qualified for the receipt of benefits.”

So unemployment benefits are being given in this case to someone who is employed full time and specifically left his part time job to work in his current full time job. He spent exactly zero days unemployed but is being awarded benefits anyway. I know I shouldn’t really care about this as it will basically have little to no effect on my unemployment rates, but this absolutely sickens me. Our fine government at work.

 

[system]

So he is currently receiving benefits? This is really F’d up. I would call someone about something. This needs addressed at many levels. He quit! He is employed! Those are the starting points…

 

[Piedad]

Paul, I know it’s easy for me to say this, but you just have to appeal the decision, or contact your state assembly person or serve as the stimulus for a newspaper article attacking this absurd and unjust decision. If your case becomes the precedent for all others like it in your state, businesses are going to have to live with this insult (and the dollars commensurate with that insult) for, at the very least, many years. It just can’t stand, and you are the person most likely to get the result that is fair to you and all like you. You may not be able to justify the time that you will spend with the amount saved, but you’re going to feel a sense of pride that the system has not been compromised.

Go get em!!

 

[Rick_G]

The last time I was on unemployment (10 years ago), I had to complete a form each week attesting to the fact that I was not employed, I was available for employment, I was actively seeking employment, I was not enrolled in a full time school and I had no wages or self employment income or tips or other compensation for that week.
I would hope that the fact that he is earning wages fo rthe period in question disqualifies him. If he falsifies the documents he should get racked up good.

 

[Kris]

You can always appeal / make him an offer for re hire doing what he was doing I think you will win if he refuses.

I’m one of those who would just fight this battle for the “fun” of it. Make it a pain in the rear for him :mrgreen:

Whole situation sounds a bit off and just like them I have rights and I have the right to excercise those rights!

 

[bodegahwy]

I must be missing something. In my state, you do not collect benefits when you are employed full time.

If he lost that later full time job he would be eligible for benefits and the wages he earned at prior places of employment would count toward his benefit… BUT WOULD NOT COUNT AGAINST THAT EMPLOYER if he had left the position voluntarily.

The question is not whether he is eligible, it is whether those payments count against your history. Is it possible you are missunderstanding the situation?

 

[indie_pizza]

bodegahwy:

I must be missing something. In my state, you do not collect benefits when you are employed full time.

If he lost that later full time job he would be eligible for benefits and the wages he earned at prior places of employment would count toward his benefit… BUT WOULD NOT COUNT AGAINST THAT EMPLOYER if he had left the position voluntarily.

The question is not whether he is eligible, it is whether those payments count against your history. Is it possible you are missunderstanding the situation?

This is right. I spent a couple years doing placement at a temp staffing agency and a tremendous amount of my time was on unemployment claims. Often they were where the individual worked “for” us at their new job, were taken onto our clients payroll and then got laid off or quit. We frequently got letters telling us that they were granted benefits, it took awhile to realize that it did not affect our business at all. Their previous employers likely got the same letters. Check closely to see what the letter says specifically about your business, usually there is a short statement that says it doesn’t.

 

[pizzapirate]

Fighting it won’t change a thing as the system is geared to get as many people dependent on government as possible. Its no different than us trying to get as many customers as possible. More dependents means more government hires, more administration, higher salaries and showing people how much the politicians care to earn votes.

Had a guy that worked part time for me and full time at another place. He quit the other place and applied for unemployment. He told them he quit for family problems and was denied. They then told him that should his “condition” change, and he started looking for work again, he could reapply for unemployment benefits. So, he left and came back later, said he was able and looking for work, and thus qualified. Not only that, but my unemployment account was charged as well for him – even though he was still working for me! Any unemployment office will tell you exactly what you need to do or say to qualify. So, it doesn’t matter how or why they left work because when it comes down to it, all they have to do is say they are looking for work again.

We are in direct competition in the labor market with government entitlement programs. Interviewed a guy the other day that came across really well – very energetic, great experience, spoke well, etc. Then I noticed he kept shaking his legs, couldn’t sit still, stopped looking at me in the eye as much. This made me uncomfortable with him as it just didn’t jive with his whole story so I just drew the interview out to get a better feel for the guy – just talking. Finally he says his girlfriend had been on unemployment for 9 months and now she had a really good job and it was his turn to take it easy. Immediately he started back tracking but the motive for applying was already made clear.