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

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.

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.

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.

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.

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!!!

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.

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

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!!!

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.

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!!

Just wanted to add - since you're in the restaurant industry, make sure to keep track of any tips that weren't properly reported by your employer. DEO looks at ALL wages including tips when calculating your benefit amount. Also, if your manager is creating a hostile work environment, that could potentially qualify as "good cause" for quitting, but you'll need solid documentation. Florida is tough on this - they want to see a pattern of behavior, not just one bad day. Screenshots of schedule changes, witness statements from coworkers, and keeping a daily log of incidents will be your best bet. The fact that you tried talking to your manager twice and got negative responses actually works in your favor - shows you made reasonable efforts to resolve the situation before taking action.

I've been following this thread and wanted to share something that might help - if your manager is having you underreport tips, that's actually wage theft and could strengthen your case significantly if you need to file for unemployment. The Department of Labor takes tip reporting violations seriously, and DEO would likely view this as additional evidence of an unethical work environment. I'd suggest keeping records of your actual tips vs what you're being told to report, as this could support a "good cause" claim if you decide to quit. Also, just to echo what others have said - Florida's partial unemployment option is really underutilized. If your hours dropped from full-time to 18-20 per week, you should definitely apply for partial benefits while you're still employed. You can work and collect benefits simultaneously as long as your weekly earnings are below your calculated benefit amount. This could provide some financial relief while you look for better employment.

Yes, your employer will be notified when you file for partial unemployment benefits - DEO sends them a notice asking them to verify your work status and wages. However, they legally cannot retaliate against you for filing a legitimate claim. If they reduce your hours further or fire you because you filed for unemployment, that would actually strengthen your case for full benefits. The tip underreporting issue is definitely wage theft and creates a paper trail showing your employer's willingness to break labor laws. I'd recommend filing for partial benefits ASAP since you're already dealing with hostile management - at least you'll have some income protection while documenting everything for a potential full claim later. Make sure to report your actual tip income (not the reduced amount your manager wants) when filing with DEO, as this will give you a higher benefit calculation and show the wage discrepancy.

Just want to add something important that I learned the hard way - when you file for partial unemployment, make sure you report your work and earnings EVERY week you claim benefits, even if your hours vary. DEO is super strict about this and if you miss reporting even one week of work, they can make you pay back benefits. Also, keep all your pay stubs and tip records because they sometimes do random audits months later. Since you mentioned your manager changes your schedule last minute, screenshot those changes immediately when they happen - having timestamps showing schedule changes with little notice can really help prove the hostile work environment if you need to escalate to a full unemployment claim later. The combination of hour cuts, hostile management, AND wage theft through tip underreporting gives you a really strong case for either partial benefits now or full benefits if things get worse.

I've been working in HR for a Florida-based company for several years and wanted to add some clarity on a few points. First, regarding partial unemployment - you're absolutely right to pursue this option given your hour reduction from full-time to 18-20 hours. Florida allows you to earn up to your weekly benefit amount minus $58 before it affects your benefits, so even with reduced hours you might still qualify for some assistance. Second, about the tip underreporting - this is a serious issue that goes beyond just unemployment benefits. Your employer is violating both federal and state wage laws, and this documentation could be valuable not just for DEO but potentially for a Department of Labor complaint. Make sure you're keeping detailed records of actual tips earned vs. what you're being instructed to report. Finally, when you file (whether partial now or full benefits later), be very specific about the hostile work environment in your application. Use phrases like "constructive discharge" and "unsafe working conditions" as these are terms DEO recognizes in their determinations. The fact that you attempted to resolve issues directly with management twice shows good faith effort on your part.