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Quit vs Get Fired: FL DEO unemployment eligibility after only 3 months at new job

I'm in a really tricky situation with my current employer (restaurant industry) and need advice before making a big mistake. I've only been at this job for 3 months, but the manager has been cutting my hours drastically, changing my schedule last minute, and making the workplace increasingly hostile. I'm wondering if it's better to just quit or try to stick it out until they eventually fire me for unemployment benefit purposes? I know FL has strict eligibility rules, but I'm getting desperate as my bills are piling up. If I quit, am I automatically disqualified? If they fire me for something minor (like being 5 mins late), would I still qualify? Also, does the 3-month work history matter for DEO benefits? I've worked steadily for years before this job if that makes any difference.

Oliver Schulz

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Florida unemployment is very specific about eligibility requirements. If you voluntarily quit, you need to show it was for 'good cause attributable to the employer' to qualify. Being fired is usually better UNLESS it's for misconduct (which DEO defines pretty broadly). The 3 months matters because FL requires you to have earned wages in at least 2 quarters of your 'base period' - basically the last 4-5 quarters before filing. So your previous work history will definitely count, not just the 3 months.

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Amina Diallo

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Thanks for explaining! So if the workplace is becoming hostile, could that qualify as 'good cause' if I document everything? Or is that too subjective for DEO to approve?

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Natasha Orlova

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DON'T QUIT!!! I did that last year and DEO denied me so fast. The system is RIGGED against workers. If they're cutting hours, that might actually work in your favor - look up 'constructive discharge' - it's when they make conditions so bad you're forced to quit. But you need PROOF. Document EVERYTHING - text messages, emails, schedule changes, any witnesses to verbal abuse. Start looking for a new job immediately while you're still there. The DEO system is an absolute nightmare to navigate when they contest your claim.

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Javier Cruz

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same thing happend to me too they denied my claim when i quit my toxic retail job. took me 4 months to win the appeal and get backpay. OP should definately keep working but look for something else while documenting evrything

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Emma Wilson

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If ur manager is cutting hours, that could actually work in ur favor! In FL, u can claim 'partial unemployment' if ur hours are reduced significantly. U should start documenting how many hours u were originally promised vs what ur getting now. This is called 'constructive dismissal' in some cases and can qualify u for benefits without technically being fired. The 3 months at current job isn't as important as having work history before that. DEO looks at base period which goes back like 15 months.

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Malik Thomas

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Wait really? I didn't know reduced hours could qualify! I'm in a similar situation and my boss cut me from 40 to 22 hours last week with no warning. How much do they need to cut before you can file for partial benefits?

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NeonNebula

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When I had to deal with this situation last year, I couldn't get through to anyone at DEO for weeks to ask about my options. After hundreds of calls and constant busy signals, I finally found Claimyr (claimyr.com) which got me connected to a real DEO agent in about 20 minutes. They have a video showing how it works: https://youtu.be/UzW_hbUy-ss?si=zORd51jeq1GX5Ldj. The agent explained that what matters most is WHY you separated from employment, not how long you worked there. In my case, my hours had been reduced by more than 50% which qualified as partial unemployment.

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Amina Diallo

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That's really helpful! I'll check out that service. I've tried calling DEO twice already and got disconnected both times after waiting for over an hour.

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Isabella Costa

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my brother went thru this exact thing 3 months ago!! he kept detailed notes of all the crazy stuff his boss did (chaging schedule, cutting hours etc) and when he filed for unemployment he sent ALL of it to DEO during the fact-finding interview. they approved him even tho he technically quit because he proved it was the employers fault. just make sure u respond to ALL messages in CONNECT because if u miss even one they can deny u for not cooperating!!!

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Natasha Orlova

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THIS!!! The fact-finding process is where they try to trip you up. They'll send notifications to your CONNECT inbox and if you don't respond within their timeframe (sometimes as short as 7 days) they automatically deny you. The system is designed to make people give up.

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Oliver Schulz

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To circle back to your question about the 3-month work history: Florida looks at your earnings in the first 4 of the last 5 completed calendar quarters (your 'base period'). You need to have earned at least $3,800 total during that time and have worked in at least 2 different quarters. So your previous jobs absolutely count toward eligibility, not just the current 3-month position. As for quitting vs. firing - if they fire you for something minor like tardiness, they could still report it as misconduct, which would disqualify you. Document performance reviews or any positive feedback to counter potential misconduct claims.

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Amina Diallo

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This is really helpful! I definitely earned well above that amount in the previous quarters, so that's a relief. I've been taking screenshots of schedule changes and saving texts from my manager that show the hostile environment. I have a performance review from last month that was positive too. I think I'll try to stick it out while looking for something new, and document everything in case I need to file.

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Javier Cruz

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i think the restaurant industry sucks right now for workers everywhere im in the same boat. have u tried talking to ur manager first? somtimes they dont realize how bad things r and if u tell them about ur concerns they might fix it. my friend got her hours back after she threatened to quit

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Amina Diallo

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I tried talking to them twice already... first time they promised things would improve, second time they got defensive and said I should be grateful to have a job at all. Not a great sign.

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Malik Thomas

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I got fired after 4 months at my last job and DEO approved me but only after I appealed their initial denial. The big thing was that I could prove I didn't commit misconduct - they just didn't like my personality or something. Took like 9 weeks to get the first payment though so have some savings ready!!!

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Emma Wilson

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9 weeks?? Seriously?? That's crazy long to wait for benefits. This is why the system is broken - they make u wait so long hoping u'll give up. Did u have to do the adjudication interviews and all that stuff?

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Natasha Orlova

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One more thing to consider - if they're cutting your hours dramatically, you might already qualify for partial unemployment RIGHT NOW. You don't have to be completely unemployed to get benefits in Florida. If your weekly earnings drop below what your weekly benefit amount would be, you can get partial payments. This way you can stay employed while supplementing your income and looking for a better job.

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Amina Diallo

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Wait, I can file while still working? I had no idea! My hours were cut from 38 to about 18-20 per week. I'll definitely look into this option. Thanks so much for all the advice everyone!

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Isabella Costa

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btw whatever u do DONT badmouth your employer on social media!!! DEO sometimes asks for access to your social profiles during investigations and they can use that against u to say u were trying to get fired on purpose!!

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Amina Diallo

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That's good to know! I haven't posted anything about work but I'll be extra careful now.

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