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Unemployment Appeal Case Strategy
Summary
The user was advised to structure their unemployment appeal by emphasizing the lack of rehire assurance until August, the absence of a formal contract, and the financial hardship experienced during the summer period. The user was also guided on how to argue their unawareness of filing restrictions and the severe financial and health impacts faced. Additionally, the user was provided with a detailed draft for their appeal statement and advice on documenting good cause for voluntary resignation due to unreasonable task assignments.Full Conversation
Help me state a case for an appeal with unemployment. Below is the appeal. I work for a 10 month year and if they choose to hire me next year, I really won’t know until August of the next school year. I was separated from service on May *, *, and rehired on August *, *.
The issue(s) involved in this appeal:
SCHOOL: Whether benefits claimed are based on services to, for, or on behalf of an educational institution for any week commencing during a period between successive academic years or terms, if such services were performed in the first year or term and there is a contract or reasonable assurance that the claimant will perform services in any such capacity for any educational institution in the second academic year or term, pursuant to Sections *.*(*), (*), and *.*(*), Florida Statutes.
OVERPAYMENT: Whether the claimant received benefits to which the claimant was not entitled, and if so, whether those benefits are subject to being recovered or recouped by the Department, pursuant to Sections *.*(*); *.*(*); *.*, Florida Statutes and * CFR *.*.
Notice of Disqualification
Reasonings & Findings
Individuals shall not be paid benefits for weeks of unemployment between school terms, school years, or during established school vacation periods, if the individual has reasonable assurance of being rehired for the next school term. This determination is issued in accordance with Section *.*, Florida Statutes.
Additional Reasonings & Findings
The claimant has reasonable assurance of being rehired.
Applicable Section of Law
In accordance with Section *.*, Florida Statutes, benefits are not payable because: the claimant has reasonable assurance of being rehired. Any benefits received for which you were not entitled are overpayments and subject to recovery.
Effect of this Determination
You are not entitled to receive benefits for the period beginning */*/*.
My appeal is today.
****, you can structure your appeal by emphasizing that you did not have a reasonable assurance of rehire until August. Here are the key points to include:
*. **Timing of Rehire Assurance:**
- You were separated from service on May *, *.
- You did not receive assurance of rehire until August *, *.
*. **Lack of Contract:**
- No formal contract or written assurance was provided prior to August *, *.
*. **Financial Hardship:**
- Explain the financial impact and hardship experienced due to lack of income during the summer period.
Is there any additional information or context you would like to add to your appeal?
*. **Timing of Rehire Assurance:**
- You were separated from service on May *, *.
- You did not receive assurance of rehire until August *, *.
*. **Lack of Contract:**
- No formal contract or written assurance was provided prior to August *, *.
*. **Financial Hardship:**
- Explain the financial impact and hardship experienced due to lack of income during the summer period.
~Florida Department of Economic Opportunity (DEO) Appeals Office
Phone: (*) *-*
Website: www.floridajobs.org
Phone: (*) *-*
Website: www.floridajobs.org
Is there any additional information or context you would like to add to your appeal?
Can you explain in more detail what unemployment is saying?
Certainly, ****. The unemployment determination is saying the following:
- **No Benefits Between School Terms:** Under Section *.*, Florida Statutes, you are not eligible for unemployment benefits during the period between successive school terms if you have a reasonable assurance of being rehired.
- **Reasonable Assurance:** They concluded you had reasonable assurance of being rehired, which disqualifies you from receiving benefits during the summer break.
- **Overpayment:** Any unemployment benefits you received during this disqualified period are considered overpayments and must be repaid.
Would you like to focus on any specific part of this explanation for your appeal?
- **No Benefits Between School Terms:** Under Section *.*, Florida Statutes, you are not eligible for unemployment benefits during the period between successive school terms if you have a reasonable assurance of being rehired.
- **Reasonable Assurance:** They concluded you had reasonable assurance of being rehired, which disqualifies you from receiving benefits during the summer break.
- **Overpayment:** Any unemployment benefits you received during this disqualified period are considered overpayments and must be repaid.
Would you like to focus on any specific part of this explanation for your appeal?
How can I make an argument about this on my appeal today that I had no idea that we couldn't file for unemployment based on their determination. Also, if no-one hires me then how can I afford living expenses without this unemployment income which still is not enough?
****, for your appeal today, you can present the following points:
*. **Unawareness of Filing Restrictions:**
- Emphasize that you were unaware of the restriction on filing for unemployment during the period between school terms.
*. **No Guaranteed Rehire:**
- Stress that you did not have a guaranteed rehire until August *, *, and thus lacked reasonable assurance.
*. **Financial Hardship:**
- Highlight the financial difficulty of covering living expenses without unemployment income.
Would you like to add any personal experiences or specific financial details to strengthen your appeal?
*. **Unawareness of Filing Restrictions:**
- Emphasize that you were unaware of the restriction on filing for unemployment during the period between school terms.
*. **No Guaranteed Rehire:**
- Stress that you did not have a guaranteed rehire until August *, *, and thus lacked reasonable assurance.
*. **Financial Hardship:**
- Highlight the financial difficulty of covering living expenses without unemployment income.
Would you like to add any personal experiences or specific financial details to strengthen your appeal?
Late payments on my utilities, disconnection notices on my cell service, late payment fees for no payment at all on all my bills. Not to mention the fact that I had basically nothing to eat. This has also taken a toll on my health due to stress and anxiety.
****, to strengthen your appeal, include the following personal details:
*. **Unawareness of Filing Restrictions:**
- State that you were unaware you couldn't file for unemployment during the summer term.
*. **No Guaranteed Rehire:**
- Reiterate that no rehire assurance was provided until August *, *.
*. **Financial Hardship:**
- Detail the late payments on utilities and disconnection notices.
- Mention the lack of money for food and the health impact due to stress and anxiety.
Would you like assistance in drafting a more detailed statement for your appeal?
*. **Unawareness of Filing Restrictions:**
- State that you were unaware you couldn't file for unemployment during the summer term.
*. **No Guaranteed Rehire:**
- Reiterate that no rehire assurance was provided until August *, *.
*. **Financial Hardship:**
- Detail the late payments on utilities and disconnection notices.
- Mention the lack of money for food and the health impact due to stress and anxiety.
Would you like assistance in drafting a more detailed statement for your appeal?
yes, a final draft so I can have in front of me when I have my phone appeal.
Here is a draft for your appeal:
---
---
Appeal Statement for Unemployment Benefits
**Name:** ****
**Appeal Date:** [Insert Date]
**Introduction:**
I am appealing the decision to disqualify me from receiving unemployment benefits for the period beginning May *, *. I believe that the decision does not accurately reflect my situation, and I respectfully request a reconsideration based on the following points:
***. Timing of Rehire Assurance:**
- I was separated from service on May *, *.
- I did not receive assurance of rehire until August *, *, which is after the period in question.
***. Lack of Contract:**
- No formal contract or written assurance was provided prior to August *, *.
- Without a contract or written assurance, I had no reasonable expectation of being rehired.
***. Unawareness of Filing Restrictions:**
- I was unaware of the restriction on filing for unemployment benefits during the period between school terms.
- At no point was I informed that I could not file for unemployment during this time.
***. Financial Hardship:**
- Due to the lack of income, I faced significant financial hardship.
- I received late
**Name:** ****
**Appeal Date:** [Insert Date]
**Introduction:**
I am appealing the decision to disqualify me from receiving unemployment benefits for the period beginning May *, *. I believe that the decision does not accurately reflect my situation, and I respectfully request a reconsideration based on the following points:
***. Timing of Rehire Assurance:**
- I was separated from service on May *, *.
- I did not receive assurance of rehire until August *, *, which is after the period in question.
***. Lack of Contract:**
- No formal contract or written assurance was provided prior to August *, *.
- Without a contract or written assurance, I had no reasonable expectation of being rehired.
***. Unawareness of Filing Restrictions:**
- I was unaware of the restriction on filing for unemployment benefits during the period between school terms.
- At no point was I informed that I could not file for unemployment during this time.
***. Financial Hardship:**
- Due to the lack of income, I faced significant financial hardship.
- I received late
continue
payment notices for my utilities and faced disconnection notices for my cell service.
- I incurred late payment fees and struggled with basic living expenses, including food.
- The financial stress and anxiety have negatively impacted my health.
**Conclusion:**
Given these points, I respectfully request the reversal of the disqualification decision and the approval of my unemployment benefits for the period in question. Thank you for considering my appeal.
---
Would you like to adjust any part of this draft or add more specific details?
- I incurred late payment fees and struggled with basic living expenses, including food.
- The financial stress and anxiety have negatively impacted my health.
**Conclusion:**
Given these points, I respectfully request the reversal of the disqualification decision and the approval of my unemployment benefits for the period in question. Thank you for considering my appeal.
---
Would you like to adjust any part of this draft or add more specific details?
no. Thank you.
You're welcome, ****. Best of luck with your appeal. If you need any further assistance or have any additional questions, feel free to reach out.
Would you like any tips on presenting your appeal or any other legal information?
~Florida Department of Economic Opportunity (DEO) Appeals Office
Phone: (*) *-*
Website: www.floridajobs.org
Phone: (*) *-*
Website: www.floridajobs.org
Would you like any tips on presenting your appeal or any other legal information?
ok
****, best of luck with your appeal. If you need additional tips or legal information in the future, feel free to reach out.
Would you like any tips on presenting your appeal or any other legal information?
~Florida Department of Economic Opportunity (DEO) Appeals Office
Phone: (*) *-*
Website: www.floridajobs.org
Phone: (*) *-*
Website: www.floridajobs.org
Would you like any tips on presenting your appeal or any other legal information?
No. Thank you.
You're welcome, ****. Best of luck with your appeal. If you need further assistance or have any other legal questions in the future, feel free to reach out.
Have a great day!
~Florida Department of Economic Opportunity (DEO) Appeals Office
Phone: (*) *-*
Website: www.floridajobs.org
Phone: (*) *-*
Website: www.floridajobs.org
Have a great day!
One more question. If you voluntarily quit your job because you're being assigned something that is not your pay grade or in your job description, what are the consequences?
Quitting a job voluntarily in Florida for reasons such as being assigned tasks outside your pay grade or job description may affect your eligibility for unemployment benefits. Here are key points:
- **Eligibility for Unemployment:** Generally, you may not qualify for unemployment benefits if you voluntarily quit without "good cause."
- **Good Cause:** If you can prove the new tasks were unreasonable or significantly different from your original job description, it may be considered good cause.
Would you like more details on what constitutes "good cause" or how to document your case?
- **Eligibility for Unemployment:** Generally, you may not qualify for unemployment benefits if you voluntarily quit without "good cause."
- **Good Cause:** If you can prove the new tasks were unreasonable or significantly different from your original job description, it may be considered good cause.
Would you like more details on what constitutes "good cause" or how to document your case?
Yes.
Certainly, ****. To strengthen your case for "good cause" when quitting a job, consider the following points:
- **Documentation of Job Description:**
- Provide your original job description and any documentation showing the new tasks assigned to you.
- **Reasonableness of Tasks:**
- Explain why the new tasks are unreasonable or significantly different from your original role.
- **Impact on Employment Conditions:**
- Describe how the new tasks affected your work conditions, such as increased workload, stress, or lack of necessary skills.
Would you like assistance in drafting a statement or gathering specific evidence?
- **Documentation of Job Description:**
- Provide your original job description and any documentation showing the new tasks assigned to you.
- **Reasonableness of Tasks:**
- Explain why the new tasks are unreasonable or significantly different from your original role.
- **Impact on Employment Conditions:**
- Describe how the new tasks affected your work conditions, such as increased workload, stress, or lack of necessary skills.
Would you like assistance in drafting a statement or gathering specific evidence?
Yes.
Certainly, ****. Here’s a draft for your statement:
---
**Statement for Unemployment Benefits Claim Due to Voluntary Resignation**
**Name:** ****
**Date:** [Insert Date]
**Introduction:**
I am submitting this statement to support my claim for unemployment benefits following my voluntary resignation from [Company Name]. I believe that the tasks assigned to me were unreasonable and significantly different from my original job description, constituting "good cause" for my resignation.
***. Documentation of Job Description:**
- **Original Job Description:** My initial role was [Your Original Job Title], which included [briefly list primary duties as per your job description].
- **New Tasks Assigned:** I was assigned tasks such as [list new tasks], which are not part of my job description.
***. Reasonableness of Tasks:**
- The new tasks were unreasonable because [explain why, such as lack of training, not within the scope of your expertise, etc.].
- These tasks were significantly different from my original role, affecting my ability to perform my job effectively.
***. Impact on Employment Conditions:**
- **Increased Workload:** The new tasks increased my workload significantly, leading to [discuss any specific issues like overtime, inability to complete
---
**Statement for Unemployment Benefits Claim Due to Voluntary Resignation**
**Name:** ****
**Date:** [Insert Date]
**Introduction:**
I am submitting this statement to support my claim for unemployment benefits following my voluntary resignation from [Company Name]. I believe that the tasks assigned to me were unreasonable and significantly different from my original job description, constituting "good cause" for my resignation.
***. Documentation of Job Description:**
- **Original Job Description:** My initial role was [Your Original Job Title], which included [briefly list primary duties as per your job description].
- **New Tasks Assigned:** I was assigned tasks such as [list new tasks], which are not part of my job description.
***. Reasonableness of Tasks:**
- The new tasks were unreasonable because [explain why, such as lack of training, not within the scope of your expertise, etc.].
- These tasks were significantly different from my original role, affecting my ability to perform my job effectively.
***. Impact on Employment Conditions:**
- **Increased Workload:** The new tasks increased my workload significantly, leading to [discuss any specific issues like overtime, inability to complete
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