Unemployment Appeals

Added a disclaimer above in my first post in this thread, please read

Unemployed In Orlando wrote:
Maybe you or even Nancy can shed some light on this for him/her -

From eshupak To Unemployed In Orlando, Today at 16:58

...i've spent most of my afternoon searching for information on how to file a complaint against my employer who notified me that effective august 17th, i would be paid less than minimum wage for a salaried, 40 hour work week. ...
i am only concerned that this employer doesn't deny my unemployment claim. can you give me any insight to help me?

Wow! I can't give legal advice either, but I can point you to the contact info online for the Dept of Labor--look at the links under employee rights, and there are phone numbers there.
http://www.dol.gov/compliance/guide/minwage.htm#EmplRights

Other than restaurant work or other tip-supplemented jobs, some youth workers, and some situations with disability (believe it or not), minimum wage prevails for hourly workers. If none of those situations apply to you, I think they could be in a lot of trouble for dipping below the minimum.

I don't understand your comment about "if certain things are completed"--did you mean to say if NOT completed, like tasks you have to do?

Anyway, these situations can get complicated, and the fact that they may be doing something illegal with your wages might even be considered as a separate issue from your UI eligibility.

I had a claim contested once by a company that fired me because the wife didn't like it that I did the company work before doing her personal projects, and she thought they could get away with contesting my claim. The AWI reviewer basically laughed it away as nonsense; you have to really do something bad (like sleep on the job, or steal from the company, or something like that) to have a claim denied. BUT you can't quit--I think that's extremely rare for someone to justify a claim with the word "quit" verified anywhere on it.

Maybe Gonzo can add to this, but you can probably get some background info from those DOL links.

eshupak:

First and foremost remember this,your former employer CANNOT deny you unemployment compensation. He can try to throw you under the bus,but only Florida AWI can deny you the benefits. As for your wage depute....that's a bit tricky. The DOL web site Nancy pointed you to should provide some answers for you there. Another thought that came to mind is...are you in a position with this company that allows them to salary you? Are you a supervisor or decision maker within the company? I know allot of people who get salaried by their employers so they can avoid paying overtime. It's a crappy deal but employers pull this stunt all the time. Honestly I can't imagine how he can pay you less than minimum wage. At this point,quitting isn't an option I would embrace. Quitting a job and trying to collect benefits is damn tough....but not impossible. There are very few good reasons for quitting and being awarded UC benefits. Good luck.

Hello everyone. Unfortunately there are a lot of us in this situation, but I think it's great that this forum is up to keep us informed and motivated. I have an appeal upcoming next week. I worked for 7 months (from late Dec and end of June) and was laid off. I promptly applied for unemployment and was denied based on "insufficient funds". Over the course of the 7 months I worked I earned over $15,000 and thought it highly likely that I would be eligible for unemployment. Either way the unemployment office said I had insufficient funds for the base period. Anyway I have been out of work for 2 months and have not received any help from unemployment. I have an appeal upcoming next week and I would like some advice on what I should do or say. If the reason I am not receiving benefits is because I didn't earn enough in the base period then shouldn't I qualify now that the base period should include more of the months that I worked and earned money? Please provide me with any info you can or if you were in the same situation what would you do? Also, I am desperate for work, not being able to go to work every morning has really put a damper on my attitude any help in that regard? Thanks a lot every body!!!! Isaac.

*ADMIN EDIT - Moving to the correct thread, please stay on topic

theytookourjobs:

Have you done this calculation?

To qualify monetarily, a person must:

• Have been paid wages in two or more calendar quarters in the base period;
• Have total base period wages of at least 1-1/2 times the wages in the quarter having the highest earnings;
• Have at least $3,400 total wages in the base period.

This calculation is automatically done at the time you file your claim.

For claims filed during April, May and June, 2008, the base period is January 1, 2007 through December 31, 2007. To calculate the weekly benefit amount, use the quarter in the base period with the highest earnings and divide the earnings by 26. This number is your weekly benefit amount. The minimum weekly benefit amount is $32 and the maximum weekly benefit amount is $275. To calculate your maximum available credits, you divide your total base period wages as shown on your Wage Transcript and Determination by four (4). This number is the amount you have available to receive providing you meet all other eligibility requirements. The total amount of available credits can range from a minimum of $850 to a maximum of $7150.

I copied this from the AWI web site. I believe in your case 2008 becomes 2009 and 2007 becomes 2008. You can go to the AWI web site,use the quick link on the left side of the page that says Unemployment Compensation Claims and select F.A.Q.
http://www.floridajobs.org/unemployment/uc_emp_claims.html

Does anyone know how long it takes for the state to make a first decision on a "refusal to work"? I have not received any funds from the state since 7/17 because I turned down a job in Connecticut. I thought my reasoning and logic was clear, but I am still in limbo. Now I know why people lie.

*ADMIN EDIT - Wrong thread, please post within established topics

theytookourjobs wrote:... If the reason I am not receiving benefits is because I didn't earn enough in the base period then shouldn't I qualify now that the base period should include more of the months that I worked and earned money?

Let me add a little historical and political footnote to what Gonzo has posted about these quarters for eligibility.

Right now there is over $400 million federal dollars sitting "on the table" for the state of Florida that could have been accepted in the last legislative session to update our current system in a number of ways, one of which is to change our base period calculation. I won't get into the arguments that went back and forth about why this wasn't done (some may have been valid, but it was a bit hard to determine the actual consequences of taking the funds with all the political football that was going on in many of the states).

This quarter system we have, which was valid back in the day when we didn't have computers and it took weeks at least to collect our income data, is what's keeping you without benefits.

The easiest rule of thumb to know if you can apply for benefits, all other requirements being met, is to discount the previous entire quarter's earnings, jump back to the one year before that, and do those calculations posted. E.g., anyone applying right now, which is the THIRD quarter (Jul-Aug-Sep), could not count anything earned in the SECOND quarter (April-May-June) in the benefit year that would go from July 1, 2008 through June 30, 2009. ---that is, until OCTOBER 1. I.e., the benefit year jumps in 3-month increments, not from days to days.

From what you have posted, if ALL the other AWI requirements are met, it sounds like you would be able to apply for that benefit year starting October 1 for regular benefits.

Please remember that none of us here are attorneys or adjudicators for AWI and there can always be some little individual circumstance that can affect your case, but that quarter system is a rule in Florida and many other states. The National Employment Law Project has been advocating changing that all this year, based on the extra funds available under the stimulus package that provides a "carrot" of extra funding for making changes to the law. And since our legislature was adamantly opposed to that particular change and probably wouldn't even look at it til next spring, that is the way it is.

I don't know if AWI would be willing to do the hypothetical calculation for you based on a new application after October 1, but unless there is some rule related to the fact that you applied before that, my guess is that you could re-apply then and most likely be eligible. For the weekly amount you'd have to step through all that arithmetic they use for that determination.

Nancy:

As I was replying to the question,I thought it funny that this was one of the laws that our legislature refused to change last session. After reading the base period/quarter mumbo jumbo.....I thought to myself....who in the hell,in this day and age would think this a good law? But anyway....I think the "money left behind" will remain available till 2011...maybe next session,a more enlightened legislature will appear and change this "stone age" law.

Does anyone know how long it takes for the state to make a first decision on a "refusal to work"? I have not received any funds from the state since 7/17 because I turned down a job in Connecticut. I thought my reasoning and logic was clear, but I am still in limbo. Now I know why people lie.

*ADMIN EDIT - Moved your post to somewhere it will get some exposure for your question instead of in the off-topic discussions

Okay, Here is some information. If you were denied benefits because (when your year ended and a new claim was filed) you did not earn 3 times your weekly benefit amount....you would be elgible for extended benefits in the mean time...you should not stop reporting in this case. When you earn 3x weekly benefit amount even in self-employment like painting a house for your neighbor declare your earnings and then ask for reconsideration.Be sure and report the earnings for the time period you worked. But it is possible to draw out all extended benefits and then earn the money..draw out your claim and if the economy stays bad the new claiim would have extended benefits.If you were denied benefits because of an availability for work issue you can ask for a redetermination at any time if the circumstances change (for example you were ill and then became well. Ask for a reconsideration.
AWI might tell you you can't have a redetermination unless you withdraw your appeal. Hope I didn"t confuse you but the information has to be very specific to give a good answer. that is why you may receive many different answers
Here is a hint....usually the newest employees are the ones who answer calls but remember it is always your right to ask to speak to a supervisor.
Appeal decisions are many times backed up due to typing pileup. The date of the mailing of the decision determines the last date to appeal and I think the date it is entered into the computer.

AWI has a short time period to make the original elgibility decision because there are federal guidelines for the time period in which the first check is issued.
The person who has not had a decision since 7/17 needs to talk to a supervisor or manager. Usually if you refuse work out of the area 50mi. you're elg. however these circumstances may alter the decision.. what was your hire agreement?..even verbal. for example were you hired as a store manager to be trained locally and then transferred to a new store out of the area. do you have a rare occupation you would not expect to find in the area you live? ...I'm not covering everything here.
Yes you can quit and be elgible but the circumstances are limited..tell you more later.

I applied for unemployment the day I was let go. Four weeks later I was informed I was not able and available to work because I was trying to be self employed. I appealed. Four more weeks later a hearing date was set. The company I worked for is the only one that did what I do in house. All others have it done out of house. I sent proof I have been contacting these other companies. Is there anything else I can do before my hearing date?

*ADMIN EDIT - Moved to correct thread, Unemployment Appeals

This information is for Balloon Guy and anyone else that would like. I'll try to give the historical reasoning behind the adjudication for why you canot be elgible if you are only seeking self employment.
Since the employer pays the unemployment taxes that are the basis of your claim...generally speaking, you should be seeking that type of work and pay at the beginning of your claim.
Even though the only work in your field is by self-employment, to be elgible you need to begin seeking work as an employee in your field (or a related comparable field) and/or self-employment whichever you can find first. Since you are allowed to seek any reasonable work and not required to be self-employed, you may wish to ask for a redetermination and provide a new statement. You could be made elgible from when you begin seeking work as an employee.
Further reasoning: Even though you know all other companies use people outside the company.....you may get a company to change its mind and hire you as an in house employee. Hope this helps

thanks.

I am posting this users post in the correct thread, the post is from johnhwclarke -


johnhwclarke Today at 8:43

+
----
-GonzoFL wrote:
Kirby:

I went through an appeal hearing 1 July 2008 which was a Tuesday. I won the appeal and received a check for 6 weeks back pay by the Friday of the same week. I realize the system wasn't as jammed up in 2008,but I think you have waited more than long enough to receive your back pay. You might try calling the Deputy Clerk for your appeal referee and ask her/him if they can tell you what the hold up is. If you don't already know,you can get the clerks name and number from the AWI web site under "file an appeal" section. Just follow the prompts and it will take you right where you need to be. Have you received the letter of decision from the appeal referee yet? Let me know if I can be of further service. I love it when an appellant wins an appeal!!

Kirby,
Thanks for the reply. I have been busy and haven't been able to see it until today. A little more info: My file is being reviewed by UAC after I sent my appeal from the referee's decision which is classified as "Dismissed" What I mistakenly did was re-apply for benefits after my benefit year ended and I used up all my extensions in February 2009. Thats when I received notice that combined with the last month of my employment from the company that I claimed from and the few hours I worked for the temp service (approx. 57% from my old company, the rest from the temp service, according to the unemployment office) allowed me to start a new claim. After I claimed the first week, it was diputed by the labor pool company. At that time, I realised that I didn't work enough for the temp company to claim. I worked for the month of January 2008 with my old company and then started at the temp service in late October. So I recinded my appeal, which I believe then started this whole mess. Now they say I owe them for the previous extension. I sent in a appeal of the decision that I owed them the money, and now the status is "File sent to UAC for review". The date it was received according to their web site is 8/12/2009. I have also received a letter stating the same. I know I messed this up some, but I explained that in my appeal. Any thoughts about how to proceed?

I just found out that my appeal to the Unemployment Appeals Commission can take up to 90!! days. They received my appeal notice on 8/12/09. They are holding my EB from me and by the time this all gets straightened out, it will have been almost 5 months that I have been waiting. There has got to be a better way. Do they know we are UNEMPLOYED!?! How do they expect people in this job market to even feed themselves musch less pay the bills when they take this long to correct their own mistakes? Really frustrated at this point.

I received this PM today, anyone have any suggestions? Gonzo??

From Ana To Unemployed In Orlando, Today at 18:00

Message to join vent club of unemployed. Must be hundreds of stories but when its yours it is important. After 14 yrs of promoting Florida tourism to be downsized to entry level job, I began the journey of claims to find out I was turned down because in the middle of claiming I had to travel home to be with a terminally ill parent and was not to remit the appeal within the 20 day limitation, with no positive result from the phone inquiry and immediately posting the second appeal has resulted in no response at all. Must be lots of people wondering what went wrong.

Unemployed In Orlando wrote:I received this PM today, anyone have any suggestions? Gonzo??

From Ana To Unemployed In Orlando, Today at 18:00

Message to join vent club of unemployed. Must be hundreds of stories but when its yours it is important. After 14 yrs of promoting Florida tourism to be downsized to entry level job, I began the journey of claims to find out I was turned down because in the middle of claiming I had to travel home to be with a terminally ill parent and was not to remit the appeal within the 20 day limitation, with no positive result from the phone inquiry and immediately posting the second appeal has resulted in no response at all. Must be lots of people wondering what went wrong.

Ana:
I'm not sure I understand exactly what happened Ana. Were you filing for Unemployment ,but couldn't finish the process?....Or did you file,become denied and miss the 20 day deadline to file for an appeal? From what I can gather you filed for UC and were denied and missed the appeal deadline...yes??

I just had my appeal hearing to a negative decision for unemployment benefits on 11/17. It's now 2 days later and on the appeals website I see the Referee's decision is : REVERSED. I'm pretty sure this means I won, but I have no idea what happens now. There are like 6 other blocks on the case status information page. Do these steps need to be done before I receive benefits? I'm probably being impatient but I originally filed back on 8/23, then appealed on 9/24, and its now 11/17.. sure it seems like not that long of time, but I've spent all of my savings, and have 0 income, so I'm a bit in need of this.

Referee’s Decision Mailing Date 11/18/2009
Referee’s Decision Result REVERSED
Request for Re-Hearing Granted
Corrected Decision Mailing Date
Reason for Corrected Decision
File Sent to UAC for Review
UAC Order Date
UAC Result

I guess I'm just wondering if I need to wait for the corrected decision mailing, or the UAC stuff too.. like I said.. What now?

Thanks for any info you may be able to give..

oakensoul wrote:I just had my appeal hearing to a negative decision for unemployment benefits on 11/17. It's now 2 days later and on the appeals website I see the Referee's decision is : REVERSED. I'm pretty sure this means I won, but I have no idea what happens now. There are like 6 other blocks on the case status information page. Do these steps need to be done before I receive benefits? I'm probably being impatient but I originally filed back on 8/23, then appealed on 9/24, and its now 11/17.. sure it seems like not that long of time, but I've spent all of my savings, and have 0 income, so I'm a bit in need of this.

Referee’s Decision Mailing Date 11/18/2009
Referee’s Decision Result REVERSED
Request for Re-Hearing Granted
Corrected Decision Mailing Date
Reason for Corrected Decision
File Sent to UAC for Review
UAC Order Date
UAC Result

I guess I'm just wondering if I need to wait for the corrected decision mailing, or the UAC stuff too.. like I said.. What now?

Thanks for any info you may be able to give..

Oakensoul,

Was this hearing your first hearing via the telephone? If so,reversed is a good thing. What concerns me is the granting of a rehearing,or was this Nov. 17th hearing the rehearing? Did you have a previous hearing scheduled and it got postponed?....or did you or your employer request a rehearing prior to this Nov 17th hearing. I know this is a bit confusing but I need more information in order to properly address your question. Please provide any and all info you feel comfortable giving out regarding this incident. From the original lower adjudicators denial of benefits to present.....also if you can also provide the reason for the original disqualification of benefits would be also of great help. Thanks.

Gonzo,
This was my first hearing.
This information is just how it showed up from copy paste from the "Case Status Information" website. There is no rehearing granted.

Referee’s Decision Mailing Date	11/18/2009
Referee’s Decision Result	REVERSED
Request for Re-Hearing Granted
Corrected Decision Mailing Date
Reason for Corrected Decision
File Sent to UAC for Review
UAC Order Date
UAC Result

Do all the columns need filled before my appeal is final, or just the fact that the referee's decision is REVERSED makes it final? The government unemployment website doesn't make any of this clear.

Thanks Again

oakensoul,

I am pleased to report that what's filed is all you have to care about my friend...you did WIN your appeal. Congratulations !! I hope you have been claiming for your bi-weekly benefits,because your entitled to a nice bit of back pay. You should see payment within a week or so. AWI has a short work week coming up for Thanksgiving.....so I would suggest calling the claims department to make sure your money has been released. Like in any finely tune government organization(tongue in cheek),the various departments within that organization do not speak to each other and tend to finger point at one another when things don't go right. I went through this with a friend of mines appeal and back payment. Try calling this number 877-846-8770 ex's 1493,5293 or 5296. they can look up your claim and verify your benefit status. If they can't tell you or if they tell you appeals is holding up the money...call AWI Dept Director Barb Griffith at 850-245-7137....she and her agents can get the ball rolling if need be. Again congratulations...I do so love a happy ending!!!!

Ah, the sweet smell of victory in the morning, eh, Gonzo?

nancym wrote:Ah, the sweet smell of victory in the morning, eh, Gonzo?

Indeed Nancy...much better than napalm