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.