Unemployment
Compensation in Florida
In Florida, when a
worker becomes unemployed through no fault of his/her own or
resigns a job for “good cause,” often that worker is entitled to
unemployment compensation.
Unemployment benefits
in Florida are administered by a state agency called the “Agency
for Workforce Innovation,” (“AWI”), (a fancy and hopelessly
optimistic name for Florida’s department of
unemployment).
What
is unemployment compensation?
Many countries and all
U.S. states offer some form of unemployment compensation (also
called “unemployment insurance” or “unemployment benefits” in
various places). Unemployment compensation is a social welfare
benefit program intended to help workers pay their bills when they
become unemployed and are seeking a new job.
In the U.S., unemployment benefit programs were one of numerous
worker welfare programs that arose as a result of the Great
Depression. The first U.S. state to implement an unemployment
benefit was Wisconsin in 1932. Through the Social Security Act of
1935, Congress effectively mandated that individual states adopt
plans to provide unemployment benefits to their workers.
How do unemployment
benefits work in Florida?
An eligible
unemployed worker can file a claim for unemployment benefits with
the AWI. The claim can be filed on-line, over the phone, or via a
mailed application. Throughout the worker’s period of unemployment,
he/she continues to “claim weeks” by telephoning the AWI and
answering a series of automated questions.
Who can file for
unemployment benefits?
In
Florida, any worker who has been employed in the state during the
last 18 months and is currently unemployed or partially unemployed
may file a claim.
The AWI makes two initial determinations to determine if an
unemployed worker is eligible to receive unemployment
benefits. Firstly,
the AWI
assesses whether the individual has sufficient work history and
earnings in Florida to be eligible. Secondly,
the AWI
determines what caused the worker to separate from his/her
employment. Both of these issues are addressed below.
What is considered
sufficient work history to be eligible for
unemployment?
In Florida, to be eligible for unemployment compensation, a person
must have worked and earned wages during the first four quarters of
the previous five completed quarters prior to filing a claim.
This period of time is called the “base period.”
To qualify monetarily, a person must:
This calculation is made at the time you file your claim, and is based on the employer’s reported payroll taxes. Sometimes a worker has sufficient work history and wage credits, but the employer did not properly report the data to the AWI. (Consult an employment law attorney if you believe this has happened to you).
How much money can an unemployed worker receive in benefits?
Depending on a worker’s work history and earnings, a worker can receive a minimum weekly benefit of $32 and a maximum of $275. Benefits are usually payable for a maximum of 26 weeks or until the worker finds new employment.
What kind of “separation from employment” must a worker have to receive benefits?
Assuming a worker has sufficient work history and wage credits to be eligible for unemployment compensation, the AWI next looks at what caused the worker to become unemployed. Basically, a worker should receive benefits unless:
In other words, if the worker quit for a very good reason, or they were “laid off” for reasons other than employee misconduct, the worker should receive benefits.
For more information on Florida’s unemployment compensation laws call Cassata & Hanson, P.L. today or contact the Florida Agency for Workforce Innovation's Unemployment Claims and Benefits Department at 800-204-2418. You can also find a wealth of information on the process on the Florida Agency for Workforce Innovation's website at:
http://www.floridajobs.org/unemployment/uc_emp_claims.html

