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Lady Themis
Lady Themis, Lawyer
Category: Employment Law
Satisfied Customers: 7751
Experience:  Wage disputes, workers comp, unemployment eligibility, etc.
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My position is being eliminated in Oct. If my employer offers

Resolved Question:

My position is being eliminated in Oct. If my employer offers me a different position & i say no, can they deny me for unemployment?
Submitted: 5 years ago.
Category: Employment Law
Expert:  Lady Themis replied 5 years ago.
What state do you work in?

Customer: replied 5 years ago.

Florida

 

Expert:  Lady Themis replied 5 years ago.
Thank you.

Yes, they can deny your unemployment claim, as you are required to perform job searches when on unemployment, and if you refuse a job your benefits can be suspended and/or denied. If you take the lower paying job, you may be eligible for benefits for the reduction in pay. Also, as eligibility is determined on a case by case basis, you should always apply.

Customer: replied 5 years ago.

I am not sure you understood what i am trying to figure out.

I am currently employed but I wanted to know if I deny an offer from my current employer for a different position, can they legally deny my unemployment when my position is eliminated/laid off(they are using both terms). The position they are offereing requires I werk full time over the summer, which I can not, as I only work part time right now. Are there laws on this? What website could I look at them?

Thanks

Ashley

Expert:  Lady Themis replied 5 years ago.
Yes, I understand your facts. If you are laid off from your current position, that makes you eligible for unemployment. However, while on unemployment, you are required to do job searches to remain eligible for benefits. If it is found that you have been offered a job and you refused, your benefits can be terminated or never given in the first place. Additionally, you must be ready, willing and able to work in order to be eligible for unemployment. If you cannot work over the summer, you do not meet this definition and can be denied benefits.

The state of Florida puts out a good handbook on these questions here:

http://www.floridajobs.org/Unemployment/bri/BRI%20English%20Rev%2010-2007%20for%20web.pdf

Customer: replied 5 years ago.

I am currently employed. My employer now is the one offering me this job but it has a different schedule than the one I currently have thats why I can't do the full time summer option of the new position(since I currently work part-time). I know I have to be able & looking for a job, I am already doing so now before my position ends. I hope I don't get to that point of being on unemployment. I am trying to make an informed decision about what to do.

Ashley

Expert:  Lady Themis replied 5 years ago.
<p>I see - you won't be laid off from your current position until September 30th. In that case, you can refuse the position you are being offered because you are currently employed. That will not make you ineligible for unemployment benefits. Only after you are actually laid off must you look for another job. If your employer then offers you this job and you refuse it, you can then be deemed ineligible.</p><p> </p><p> </p>
Customer: replied 5 years ago.

So, they can't come back & deny my unemployment because I chose not to take the position thay are offering me now(same employer). When i was trying to research this, I was under the impression, that my employer can deny my unemployment if they offer me a position I deny before being laid off.

Is there somewhere, I can look up labor laws online, I can't seem to find the right website. I am trying to figure out what my options are before declining the position.

Thanks

ashley

 

Expert:  Lady Themis replied 5 years ago.
I can't say for certain since it's a case by case determination, but since you have a position now, you are not required to resign from your current position to take another one, even in the face of layoffs.

The Florida unemployment compensation laws can be found here:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0443/titl0443.htm&StatuteYear=2006&Title=%2D%3E2006%2D%3EChapter%20443

Lady Themis, Lawyer
Category: Employment Law
Satisfied Customers: 7751
Experience: Wage disputes, workers comp, unemployment eligibility, etc.
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Lady Themis
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Wage disputes, workers comp, unemployment eligibility, etc.