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Unemployment Compensation Florida

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  • Unemployment Compensation Florida

    I work for 501 (c) (3) religious organization (not a church) and in our handbook it states:

    "<Name of orgainzation> is exempt from providing Unemployment Compensation coverage for its employees. Therefore, a team member who terminates employment does not qualify for Unemployment Compensation."

    I know that we do not pay a regular tax for unemployment compensation, but does this mean that terminated/laid-off employees cannot seek it at all?

  • #2
    If the organization is exempt from UI coverage, then that's what it means.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      What I mean is...I have read that it may not be required to pay unemployment tax, but if an employee is terminated then he/she can collect UI and then the state will come to the employer with basically an invoice.

      the way that this is stated in the handbook makes it look like the former employee cannot collect at all...

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      • #4
        Sometimes that is the case with religous organizations - that the employee cannot collect at all.

        But the only way to find out for certain is to apply and see what happens.
        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.

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        • #5
          thanks for your help

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          • #6
            Originally posted by orlando08 View Post
            What I mean is...I have read that it may not be required to pay unemployment tax, but if an employee is terminated then he/she can collect UI and then the state will come to the employer with basically an invoice.

            the way that this is stated in the handbook makes it look like the former employee cannot collect at all...
            Hi orlando, From my experience, you may recieve an invoice, and you may even collect some unemployment, by some miracle. Your employer may then appeal, and win. Then you may have to pay those unemployment earnigns back. The reason I laid this acenario out is that most religious organiziations seem to be non profit... Just a guess.

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            • #7
              An invoice?
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                http://dor.myflorida.com/dor/uc/GT-800058.html

                **Who Is Liable?**
                You are liable if you meet any of the following conditions:

                You have quarterly payroll of $1,500 or more in a calendar year.
                You have one or more employees for a day (or portion of a day) during any 20 weeks in a calendar year.
                You are an agricultural employer and have five or more workers for a day (or portion of a day) during any 20 weeks in a calendar year, or a $10,000 cash payroll in any calendar quarter.
                You are a domestic employer with a cash payroll of $1,000 or more in a calendar quarter.
                You are liable for federal unemployment tax.
                You purchase all or part of a liable business, or the combination of your payroll or employment and that of the business you purchased meets the liability criteria.
                **You are a nonprofit organization as defined in section 3306(c)(8) of the Federal Unemployment Tax Act and s. ***501(c)(3)*** of the Internal Revenue Code and have four or more employees for a day (or portion of a day) during any 20 weeks in a calendar year.**
                You are a state, county, city, or joint governmental unit.
                You are an Indian tribe or tribal unit.
                **Nonprofit organizations, governmental agencies, and Indian tribes are given the option of paying their unemployment insurance costs by the tax-paying method or the reimbursable method. The reimbursable employer must repay benefits paid to former employees on a dollar-for-dollar basis. Regardless of the method of payment, these employers must submit tax and wage reports each quarter. If an employer chooses to change the method of paying, it must sign a special election form and stay with the chosen method for at least two years.**

                exemptions include:

                Employees of a church, or convention or association of churches; or of organizations operated for religious purposes that are operated, supervised, controlled, or principally supported by a church, or convention or association of churches. (It seems you do not work for a church.)

                P.S. Go ahead & file for UI (seems though there might have to be 4 or more employees)
                Last edited by Betty3; 06-07-2008, 08:20 PM. Reason: add P.S.
                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.

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                • #9
                  pay orlando!

                  Sweet read, Bety 3. Im rootin for you orlando, as long as your not one of those guys that ring my doorbell when I am in my underware...

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                  • #10
                    Thank you, that was incredibly helpful to me. Unfortunately, I went to the Director of Finance and he showed me a letter from the state that says we are exempt from paying unemployment tax, and he is dead set on the belief that this means that former employees cannot collect. I am not seeking to collect; I am seeking clarity for all employees. I think it is a big mistake to be deterring laid-off employees from seeking unemployment compensation by giving them false information.

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                    • #11
                      I was laid off by a non-profit organization whose legal status is that of a church (you've probably put coins in their red kettles at Christmas). Not only could I not collect unemployment, as the organization is exempt from paying unemployment taxes, I also found out that churches do not have to offer COBRA coverage. It's one of the disadvantages of working for non-profits.
                      I am not able to respond to private messages. Thanks!

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                      • #12
                        How can that be, when the FL Department of Revenue clearly states that 501 (c) (3) s are indeed liable for unemployment compensation? Is this regulated by state government? And wow, I did NOT know that about COBRA.

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                        • #13
                          Orlando, why don't you just contact the agency directly?
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                          • #14
                            I am definitely trying and am definitely being sent in circles on this. If I am such a nuissance to you, Patty, and you have nothing helpful to say, you need not feel obligated to respond.

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                            • #15
                              Originally posted by orlando08 View Post
                              I am definitely trying and am definitely being sent in circles on this. If I am such a nuissance to you, Patty, and you have nothing helpful to say, you need not feel obligated to respond.
                              Excuse me, but I thought I WAS being helpful. I have one more thing "helpful" to say, then I'll leave you alone. How about you put your request for information in writing, to the director of the agency? If you can't get the information from them by telephone, what makes you think we can do any better? Besides, anything we say would be conjecture only and not binding on anybody.
                              Last edited by Pattymd; 06-09-2008, 08:18 AM.
                              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                              Comment

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