Many experts believe that most Americans are only one or two paychecks away from financial devastation. Defaulting on a mortgage, getting hopelessly behind in rent, being unable to make utility payments, and even not being able to feed your family may be immediate concerns after a job loss. While credit cards and savings may be enough to help you in the short term, weeks or months of unemployment can easily ruin someone’s financial future. Although unemployment compensation is not enough to replace wages, it can be the difference between a difficult time and a devastating one.
While unemployment compensation is supposed to be there for most people who experience an involuntary job loss, the process is more complicated than it needs to be. The state routinely denies people with valid claims, and it could not come at a more vulnerable time. The employment lawyers at the Feldman Legal Group can help you navigate the application process and represent you in any appeals. Mitchell Feldman, a Tampa unemployment compensation lawyer, can evaluate your claim and outline your next steps.
Unemployment Is Now Reemployment
Florida made a name change to its unemployment benefits program. It is now known as reemployment, which emphasizes that the program is not intended for long-term benefits. Instead, it is supposed to be a stop-gap measure to help people who are between jobs. Of course, how long it takes to find substitute employment is about more than an employee’s willingness to work. It also depends on the job market and the employee’s particular skills.
The whole system is set up for people who want to work. Only people who are unemployed through no fault of their own qualify. Someone who quits their job for personal reasons does not qualify. However, people who quit their jobs due to harassment or other hostile environments may still qualify. People who lose their jobs because of lay-offs or other no-fault terminations will qualify. However, if a person involuntarily loses their job because of gross misconduct or malicious behavior, they may not qualify.
One of the trickier elements of an unemployment claim is determining eligibility. Losing a job because of poor job performance is not necessarily the same as gross misconduct or malicious behavior. The facts of an individual case, including the job description, the availability of job training, and the performance review process, can all help provide information about those claims.
Additionally, people who are just entering the workforce may not be eligible for reemployment compensation, which can put some groups at a disadvantage. The base period for reemployment compensation includes the first four complete quarters in the 18 months prior to someone’s claim. A person has to earn at least $3,400 gross income to qualify. So, a person who is reentering the employment market is vulnerable.
One upside to the system is that an applicant does not have to be totally unemployed to qualify. A person can be partially unemployed. Since many people today have multiple jobs, the loss of one job may not be unemployment. However, it could still lead to substantial financial hardship. If a worker’s hours are reduced or if someone in a part-time position cannot get a full-time position, they qualify.
The central aspect of reemployment insurance is that the worker must be actively seeking employment. Failure to seek acceptable employment or to take a reasonable job offer can lead to termination of unemployment benefits. An attorney in Tamp could help a person understand the rules surrounding reemployment benefits.
Appealing Denied Claims
While unemployment benefits are run through the state, employers pay into them. The system is complex, but it leads to employers routinely denying valid claims, usually by alleging wrongdoing on the part of the applicant. An applicant can appeal a denial, but they have a limited time to do so. Plus, these proceedings are adversarial. A former employer is working against, not with, an employee. Their goal is to deny benefits, while an employee’s goal is to get the benefits. When an employee is facing a denial of unemployment benefits, a Tampa lawyer could help.
Get Help From a Tampa Unemployment Compensation Lawyer
While unemployment benefits should be straightforward, they can be very complicated. If an employer misrepresents the circumstances surrounding a separation, you may find yourself fighting for benefits you earned through work. Do not tackle that fight alone. Instead, get the help of a Tampa unemployment compensation lawyer. They can help you through every step of the process, protecting your rights and advocating on your behalf. Schedule a consultation to learn more.
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