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Demoted to part time - Unemployement Florida

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  • Demoted to part time - Unemployement Florida

    I have a friend who's boss is trying to get her to quit [Employer & 6 staff]. He's been treating her like crap because her best friend just left to work for a competing agency. Now he thinks she is relaying information and wants her gone. She thinks he's not firing her because he doesn't want to pay unemployment; however, he just knocked her back to part-time. She thinks it's because he can now fire her and not have to pay unemployment. I told her not to quit yet and I would do some research.

    I heard that you can't claim unemployment if you work part time in FL. Is there a period, after getting knocked back to part-time, that you can still claim unemployment if fired? It seems that if there wasn't, any employer could just tell their employees that they were going to part time, before firing them, to avoid paying unemployment.

    Many thanks for any info you provide.

  • #2
    As long as she is able, available and actively seeking full-time employment at the time she files, then whether she was receiving only part-time hours at the time of her discharge is irrelevant.

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    • #3
      Also, reducing a full-time employee to part time may be considered a constructive discharge (i.e. they would consider her to have been fired) for purposes of unemployment - this does, however, depend on the difference between her current pay and her old pay.

      She should not quit just yet - I don't see any harm in filing an unemployment claim NOW, while she's still working part time, just to see what the agency says. Just make sure that she tells the agency the whole truth about her employment status.

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