How long does it take to get Unemployment Benefits in Florida?
The estimitation of the time it took to received unemployment benefits is hard to determine these days. Before the economic recession, it would possibly take about two to three weeks. The factor then was how long did it take for the employer to reply to certain earning and employment records sought by the Agency of Workforce Innovation (AWI).
Employers typically have about 10 days to respond with the appropriate forms and data needed. Employers only have 10 days to raise any viable defenses such as an employee has been employed less than 90 days with the company.
However, due to the high volume it can take months before a claimant sees the first benefit check. The best you can do is call or go online with AWI to check the status.
In addition, be careful. Just because you are awarded benefits does not mean that the employer or the AWI will not come back months later an appeal the claim. Typically it should be appealed 20 days after the determination is made. It might have been appealed timely.
Nevertheless, a claimant can still receive a notice of the appeal and to repay thousands of dollars six to eight months later. So keep any and all evidence that you are eligible for unemployment for at least one year. Such evidence is your schedule, last paycheck stub, termination letter, documents from employer releasing you, phone records from leasing agency, etc.
At this time, it is almost impossible to contact AWI over the phone. The workers are also overwhlem. The best thing to do is to continue to seek employment ( you may get a job), keep all records of the application, appeal,etc., and pray.
If you need assistance or representation for a telephonic hearing, please feel free to contact my office, the Riggins Law Firm, PA - Danialle Riggins, Esq . - Office : Ocala, Florida.- (352) 433-2400.
Employee Defamation- What is it?
Fla. Court- reverses directed verdict in employee defamation case-"Statements made by employees to other employees fall within ambit of qualified privilege, but that privilege vanishes if the statement is made with malice or to too wide an audience."
This helps supports defamtion claims when the supervisors start telling all employees that a person was fired for dishonesty or some other false reason. It is protected communications as long as management is talking with need-to-know management. However, an employer can go too far when it starts telling everyone false reasons for an employees termination.
For defamation there must be three things in the state of Florida-- a false statement, it must be published, and there must be damages.
Truth is always a defense. There is qualified priviledges for employers like discussed above. However there are rules and limits. This employer broke the rules and the limits. Hence the employee will have his/her day again in court to seek the damages deserved.
For more information on defamation, contact my office.
Reduce in your Pay/Wages
Several employees are having employers not fire them but reducing their hourly pay. The question is: Is it legal for an amployer to reduce your hourly rate of pay? Possibly.
Employment is an agreement like a contract. The employer offers you a position with certain terms including how much the employer wants to pay you for performing the duty for that position. The employee can negotiate the pay rate, benefits, bonuus, etc. Once the employer and employee come to terms- the employment begins. This can be simply the employee taking the job offer.
However since Florida is an "at-will" employment state, either the employer or the employee can seek to change the terms of the agreement. The employee can ask for a raise or the employer can offer a lower rate of pay for the position. As long as the employer is paying minimum wage $7.21 an hour- it is legal for a pay reduction.
However, it is illegal for an employer to reduce an employee's pay out of retaliation. Such retaliation would be due to an employee filing an EEOC charge, seeking Worker's Compensation benefits, complaining about a hostile work environment, etc.
Also an employer cannot pay an employee a lower rate of pay simply due to the employee's sex.
If an employer does reduce an employee's rate of pay- The employee MUST have prior notice. Like stated above, employment is a contract. The employee has the right to accept or decline the new offer. Hence the employee must know about the change ofthe terms before performing under the new agreement.
If a rate of pay has occurred and the employee did not know, there could have been a violation. An employee should consult with an employment law attorney.
Danialle Riggins, Esq. Riggins Law Firm, PA
