UNEMPLOYMENT rights

Finding yourself out of work and without a source of income is one of the most stressful situations you’ll ever face. Fortunately, a good labor and employment lawyer can help make this high-pressure period more bearable. To help ease the transition and cover your living expenses until you find a new job, the first step is learning as much as possible about your local employment laws and the unemployment compensation to which you may be entitled.

Who can file a claim for unemployment benefits?
Anyone who has lost their job or had their work hours significantly reduced can file a claim for unemployment compensation. Once your claim is submitted, two factors come into play when determining your eligibility:

  1. Have you maintained a steady job with regular earnings in the state of Florida?

  2. What was the reason for termination from your previous job?

Your claim for compensation will be evaluated in accordance with Florida Statutes Chapter 443 to determine whether you are eligible for benefits.
What are the specific conditions of eligibility?
In order to receive unemployment benefits, you must meet the following parameters:

  • Have held a job and received regular wages for two or more of the past five quarters (referred to as the “base period”)
  • Have earned a total amount of at least $3,400 during the base period
  • Have earned a base period income totaling at least 1-1/2  times the amount earned during the quarter with the highest amount of compensation
  • Be actively seeking employment, able to furnish proof of an active job search to the unemployment office, and be willing and available to accept a new job

How is the amount of compensation determined?
To get an idea of the amount of weekly unemployment benefits to which you may be entitled, you’ll first need to determine the income you received during the quarter with the highest wages and then divide that figure by 26. For instance, if you earned $6,000 during your highest-paid quarter, you may be eligible for a weekly payment of $230.76 per week, or $923.04 per month. The minimum amount of weekly benefits is $32, and the maximum you can receive is $275.

How does the reason for termination affect eligibility?
Once the rate of pay is determined, the unemployment office will verify the reason for termination from your most recent job by contacting your former employer. You are eligible to receive unemployment benefits if you lost your job for any reason other than intentional misconduct, such as theft or criminal wrongdoing, frequent absences, or ongoing poor performance. In most cases, quitting your job is not grounds for receiving unemployment compensation, unless the reason for leaving was associated with illness, disability, a spouse’s military relocation, or another valid reason.

Safeguard your rights with an unemployment lawyer
At Shavitz Law, our labor and employment attorneys can help you get through a job hiatus by determining your eligibility for unemployment benefits, helping you understand Florida employment labor laws, assisting you with filing a claim, and answering any questions you may have about the process. Contact us today to schedule a free consultation.