Florida Attorney-Danialle Riggins,Esq.

With thousands of job being laid off each week, people are having morequestions about getting unemployment. If your company is laying off workers, this is not the time to think of a million dollar lawsuit against it.  In some cases, the employee will not have a wrongful termination lawsuit but can only seek unemployment benefits.  In Florida, unemployment claims are processed through the Agency for Workforce Innovation (AWI).  A claims examiner issues a decision, either granting benefits to the claimant (the terminated employee) or denying them.  Here are some facts that you may need to know when seeking unemployment benefits.

1.     The Sooner the Better.  An individual needs to file a claim for unemployment benefits immediately after he or she learns of the unemployment status.  Unemployment benefits are not payable for weeks for which no claim was made.  You can only go back as far as two (2) weeks prior to the date of claim when requesting unemployment benefits.  

2.     Be prepared for an appeal. Most employers are fighting unemployment claims with every defense they can think of.  You may be told that you were fired, but the employer will probably report that you quit the job and appeal the benefits claim.  Do not worry. The burden is on the employer to prove why you were discharged. With the increasing number of unemployment claims being filed in Florida, the hearings are being scheduled weeks after the appeal. Hence you will have time to get witnesses and evidence to support that you were fired and did not quit.  If you are uncertain on what evidence you may need, consult an employment and labor attorney.  The appeal will be by telephone and very informal.  You will get the decision in about one (1) week. .  If you were originally approved, you will continue to receive your benefits during this time.

3.     Too sick to work and Unemployment.  In Florida, there are several court cases that have concluded that if an employee has to quit a job due to illness, injury, or disability, unemployment benefits are permitted.  For example, a warehouse worker hurts her back .  She would be eligible for unemployment benefits due to her inability to perform the duties of her position.  Now if the employer offers an alternative position and she refuses, then she could be denied but there is still a chance that she could get the benefits.

Danialle Riggins, Esq ~ Riggins Law Firm, P.A. Ocala, Florida 352- 433-2400

www.Rigginslawfirm.com