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  • Unemployment Disqualification: Quit With Just Cause? Florida

    Unemployment Disqualification: Quit With Just Cause?

    A friend (she) quit her job a couple of months after an HR meeting when the group was told the plant would be 'closing in a year or so,' as they were outsourcing the factory overseas. They were told the fulltime temps would be let go 1st, then the full time regulars would be fired/terminated later. She was a full time temp who worked there for 12 years (I know, go figure). They were not told of a termination schedule, just that they all were to be "released/terminated/fired in a future date uncertain. She quit so she could go out and get a new job without having to put on her resume that she was fired or terminated: she quit so she would have a semblance of job security with a new job: and that it is near impossible to seek a new job (applications-interviews-travel) when one is at work all day. Within a week after the meeting three other F.T.temps quit to get a secure job and not face the 'fired' stigma. When she quit she did so in the middle of her shift. The frustration of knowing that she was to be fired, and was told such, was too overwhelming for her to stay.

    She applied for unemployment and was disqualified by reason that she quit. My question is, in your opinion, did she have 'good cause' or 'just cause' to quit based on what she was told at that meeting?

    She has been clinically depressed for a year, having nothing much to do with her job, and is taking SSRIs. We do not want to appeal the disqualification determination if she is not entitled to unemployment. There is fear the appeal process might exacerbate her depression, but she is willing to 'fight for her right' and take a shot only if logic, law and/or professional advice dictate that she has a good case.

    I have searched the Florida Labor Law re Unemployment and in the statutes (443.036-Definitions) they do not define "good cause" or "just cause" in reference to quitting (not even any examples). They do state if there is proven "good cause" to quit, a person can receive the unemployment benefits. Nor do Reasons for Qualification, and Reasons for Disqualifications (443.091 & 443.101) elucidate on her situation.

    She does not want to pursue the appeal unless she can find a reason in statute or knowledgeable opinion that she has a good chance of winning the appeal.

    She is and has been working hard seeking work, but the Florida labor market has limited labor opportunities at present.

    Opinion: Good cause or just cause to quit and not be disqualified from unemployment benes, please?

    I thank you all for your help. These boards have been rewarding to many people in the past because of the input of those who have given their time to help. They all deserve gratitude.

  • #2
    Typically, when you quit you are not eligible for UI benefits.

    The situations you are talking about are usually used when an environment is legally discriminatory to the employee giving the employee no choice but to quit.

    Leaving because she wanted to leave prior to the layoff does not meet that benchmark.

    Just for the record, I have hired many people that were fired and/or laid off from their prior job. I would want to know the reason, of course, but a good one (like a plant closing) would not effect my hiring decision.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

    Comment


    • #3
      cyjeff says,

      "Typically, when you quit you are not eligible for UI benefits."

      Typically, yes, cyjeff. However, there are numerous other legitimate reasons for quiting, in addition to your usual "when an environment is legally discriminatory" where the employee is eligible for UI. It is not as singular as you are trying to indicate.

      As you stated, "Leaving because she wanted to leave prior to the layoff does not meet that benchmark." But does leaving because HR told her she was soon to be fired allow "good cause" for her to preemptively leave?

      Let's compact the time frame. If your boss told you in an open HR meeting in the AM that he/she was going to fire you, without a question, absolutely, at 3 PM that afternoon, could you is good cause quit and be eligible for UI? True, that example is stretching my issue, but the facts are basically the same. A reasonable person like yourself, who quit might think he/she had just cause. And be eligible foe UI.

      That, I guess, is the question, good or just cause; has that benchmark been met?

      Comment


      • #4
        Preventive resignation? Ok but there was no termination date given?
        http://www.parentnook.com/forum/

        Comment


        • #5
          Correct, "there was no termination date given."
          But a date certain in the "near" future absolutely was.

          Anybody have any quality or informed input to the question, please?

          Comment


          • #6
            You can't even use the preventive resignation without a termination date. The orignal post mentions within a year. Where one can certainly appeal I don;t see it as promising. However there are those her eon this board much more knowledgable than I on this topic
            http://www.parentnook.com/forum/

            Comment


            • #7
              Thanks for your input panther10758.

              Comment


              • #8
                I have to go with cyjeff on this one but you can hold for other opinions.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment


                • #9
                  Betty3
                  I like your sig.

                  Comment


                  • #10
                    I'm with Jeff also on this one. Quitting because she was going to be laid off at a future, unnamed date is not "good cause to quit" and receive unemployment. I seriously doubt that she'd prevail on appeal.
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                    Comment


                    • #11
                      My opinion runs with the others. Quitting because you're going to lose your job at some indefinite point in the future isn't, IMHO, "good cause" for purposes of UI benefits. The state would rather you have employment NOW. She could have looked for a job while she still had one; although I agree that's logistically more difficult, it's not like she didn't have time before the lay-off. Plenty of people have been laid-off because their jobs have been outsourced, either to other states, other companies, or other countries. There's no "stigma" to that and I'd rather explain that to a prospective employer than "I quit because I was going to be laid off some time in the future".
                      Last edited by Pattymd; 11-27-2007, 08:21 PM.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                      Comment


                      • #12
                        Thanks to all of the "informed opinions" that buttressed mine.

                        One other point - it is always better to be interviewing when you have a job then when you don't. Interviewers like to think you are trying to improve your situation, not desperate to put food on the table.
                        Not everything that makes you mad, sad or uncomfortable is legally actionable.

                        I am not now nor ever was an attorney.

                        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                        Comment


                        • #13
                          One more thing I would like to add...

                          Nothing says the person can't file and win.

                          UI boards are made up of people. Therefore, while we can predict the most likely behavior, we cannot predict the exact future.

                          Stranger things have happened and it costs nothing to try.
                          Not everything that makes you mad, sad or uncomfortable is legally actionable.

                          I am not now nor ever was an attorney.

                          Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                          Comment


                          • #14
                            Maybe I'm missing something but quitting in the middle of a shift makes it hard to defend that the quitting is due to a lay off at some unknown date in the future. Looks more like abandonment.

                            You can always apply for unemployment. However the responses here are giving you indications of the kinds of questions and issues that will be raised by the state in determining eligibilty.
                            I find that the harder I work, the more luck I seem to have.
                            Thomas Jefferson

                            Comment


                            • #15
                              I thank you all for your help.

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