I emailed my manager my resignation date, from my NYC job, to be effective April 14th. My manager decided to make my resignation date as of April 11th. They did not tell me if I was terminated, laid off or what. Now, I want to claim unemployment in Florid

I moved to Orlando, Florida as of April 19th from Jersey City, NJ. I worked in NYC, as a contractor from December 1, 2014 until management took my resignation date effective April 11th, 2016. My resignation date was to be effective as of April 14th, 2016, in my email dated April 6th to management. I do not know if they terminated me or laid me off. I called back my department manager on April 11th because she left me a voice mail asking to call her back immediately. I received a verbal statement saying, "based on what happened today, we will take your resignation as of today (April 11th) and will pay you up to April 11th." My two main questions are: 1. I am not sure how to file for unemployment in Florida because I do not know if I was terminated or laid off. 2. I earned 10 vacation days in the time that I served the company. I used up 7, but was not paid for 3 vacation days. How do I proceeed?

2 answers  |  asked Apr 27, 2016 07:45 AM [EST]  |  applies to Florida

Answers (2)

Arthur Schofield
Ms. Towzey has provided sound advice. Leaving employment will result in a denial of benefits here in Florida. Any claim for unpaid benefits, such as vacation time, has to be examined under NY law. You need to have someone licensed or admitted in that jurisdiction answer that question.

posted by Arthur Schofield  |  Apr 27, 2016 12:41 PM [EST]
Phyllis Towzey
If I'm understanding your situation correctly, you voluntarily resigned from your job, and provided notice stating that your resignation was effective April 14. Your employer accepted your resignation and accelerated the effective date to April 11. So, you would be entitled to receive unemployment compensation benefits for the 3 day period between your notice of resignation date and the earlier date chosen by your employer. It's probably not worth the effort to file for unemployment benefits for 3 days, but legally you are entitled to do so.

Here's a link with info on Florida unemployment filing and benefits: http://www.stateofflorida.com/articles/florida-unemployment.aspx

Regarding the 3 days of accrued, unused vacation time, whether you are entitled to be paid for these depends on your employer's policy regarding whether a resigning employee receives any payout for unused vacation days, and what New York law provides, since that is where you worked. The first step would be for you to check any employee handbook you had, or just call HR and ask them what the policy is on unused vacation days.

posted by Phyllis Towzey  |  Apr 27, 2016 07:57 AM [EST]

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