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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19941
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Im being let go with a settlement agreement, i have always

Customer Question

Im being let go with a settlement agreement, i have always been paid every 2 weeks as a employee, this company is offering me my 4 week settlement pay as a 1099 if id like...should i do this or receive the settlement over the next couple of pay periods like normal paychecks, concerned that if i file for unemployment the 1099 last payment may be an issue. Also, when can i file for unemployment, i was let go on Monday, October12 at the end of the day, i have 10 days to review and sign the settlement and then they will have7 days before this settlement goes into affect....please advise.
Tracy
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. Under Florida law UI benefits are reduced for every week that severance pay is received and is equal to or greater than the maximum weekly UI benefit. However, there is no reduction to overall benefits the worker is entitled to or the number of weeks payable. If you receive a lump sum amount and it is labelled severance pay, then generally speaking the State UI Office will calculate your normal weekly wage and divide it into the amount you received in your lump sum and that will be the number of weeks you would be subject to reduction or lack of UI benefits. If you receive your payments during your normal pay periods for XX amount of time then, assuming they are more than Florida's maximum weekly benefit, you would not receive payment from the State. The fact that you receive a 1099 makes no difference.

So, you have a choice to file now and the State will then delay your benefits until your severance pay is no longer more than your maximum weekly benefit, or you can wait until your last payment of severance benefits and file since you are only receiving benefits for a few pay periods. The State calculates your earnings for eligibility purposes based on the first four quarters of the last five quarters worked. So, even if you wait a quarter to file, you are fine. You can find more information about filing a claim by going to the following link where you will find the Claimant's Guide: http://www.floridajobs.org/job-seekers-community-services/reemployment-assistance-center/claimants/file-an-initial-claim

I realize this is a bit obtuse, but that is UI law. Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 15th. For some unknown reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.