Not all non-full time employment is part-time employment

In Florida, the timing of when an employee quits full time and part time positions is critical to whether you will be eligible for unemployment compensation benefits.

In the early 1990s in Neese v. Sizzler, 404 So. 2d 371 (fla. 2d DCA 1981), the claimant had both a full time and part time job.  They were laid off from the full time job, sought and received unemployment benefits, and then quit their part time job.  The courts found that the claimant was not disqualified from partial unemployment benefits when the income from the part time job would not have exceeded the unemployment benefits the claimant would receive.

In 1999, the Florida Legislature passed an amendment which was to overturn Neese and its progeny, which would require total disqualification for individuals who work a full time and part time job simultaneously, qualify for partial benefits based upon being separated from the full time employer, if they subsequently quit the part time job.

What about individuals with "on call" jobs?  Or with jobs where they are in a pool of employees that try to secure work shifts on a first come/first served basis?  Or with jobs that have no regular schedule, no regular pay, and no regular contact with the employer?  These position might not be relevant to the determination of unemployment benefits and may be incorrectly considered the proper employer for consideration of benefits.

In this economic environment, it is not unusual for an individual to have some sort of non-full time, non-part time arrangement in addition to their full-time employment.  However, if you are laid off from your full time job and then quit your non-full time job, you may be denied unemployment benefits as voluntarily leaving employment without good cause attributable to your employer.

Quitting a job to move away, closer to your family, or for economic reasons are currently not considered "good cause" by the case law or the statutes, but still may be argued as "good cause."  Remember, "good cause" is that which would cause the able bodied worker to leave a position.  While your decision to leave may be "voluntary," it is involuntary due to the absence of a full time position, the absence- of suitable alternative work, and compelled by your need to survive.  It all depends upon how you argue your position before the Appeals Referee.

There are several cases which discuss the full-time/part-time employment situation as well as the on-call situation, and they may be available to support your position.  I would welcome the opportunity to discuss your case with you in the event you are considering filing an appeal for unemployment compensation benefits or have to defend an appeal by your employer.  The telephonic hearing is arguably the most important hearing in the entire process.

Don't go into any hearing unprepared and uninformed.  I offer a free initial consultation and affordable flat fee arrangements.  Please visit my website (http://www.deanjohnsonlaw.com) or call me at 850-298-8836 or the toll free number on my website.  I look forward to speaking with you and helping you through this difficult time.

Inadequate Work Performance is Not Misconduct

As you may know, Florida is an "at will" employment state -- meaning that without an employment contract, an employer may fire you for any reason without liability (except for federally and state protected discriminatory bases).  Without liability, the employer may fire you if he doesn't like your attitude, or if your constantly late, or you don't meet certain sales quotas, or if you just don't get along with other coworkers.  Employers routinely terminate employees for inadequate and/or poor work performance.  While that may be sufficient for being let go from your job, it generally is not enough to deny you unemployment benefits. 

In Florida, to be denied eligibility for unemployment benefits, the employee must have been terminated for misconduct connected with work.  "Misconduct" is defined specifically in the Florida Statutes.  While an employer may see your poor work performance, your failure to meet company standards, or your failure to follow company policies as misconduct, it generally is not sufficient under the Florida Statutes.  

Several cases hold that being fired based on an unsatisfactory work performance, without more, is "insufficient as a matter of law to constitute misconduct" under section 443.036(26) and thus result in a denial of unemployment compensation benefits.  In Gulf County Sch. Bd. v. Washington, 567 So.2d 420 (Fla.1990), the Florida Supreme Court stated  "[i]t is well settled that an employee who is discharged because he cannot adequately perform the work is entitled to unemployment compensation in spite of the fact that the employer had good reason to fire him."

If you receive a determination that you are not eligible for benefits due to misconduct when you have been fired for unsatisfactory work performance, you may have satisfactory grounds for an appeal and a hearing before an Appeals Referee.  Remember that you have the right to hire an attorney to represent you at these hearings.  Additionally, this telephonic hearing may be your only chance to present documents, testimony, and all of the legal arguments which may support your position.  Appeals to the Unemployment Appeals Commission and the District Court of Appeal generally do not review or allow you to provide new or additional evidence or arguments that you did not provide to the Appeals Referee.  

Of course, each unemployment case is different and yours may or may not fall within this exception.  Accordingly, you should speak with an attorney experienced in unemployment compensation if you have any questions about your situation.  Feel free to contact me for a Free Initial Consultation.  I'd be happy to speak with you.