Florida Notification of Layoff

State:
Multi-State
Control #:
US-413EM
Format:
Word; 
Rich Text
Instant download

Description

This form is used to notify employee of a layoff.

How to fill out Notification Of Layoff?

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FAQ

However, Florida is not among them: Florida employees are protected by the federal WARN Act only. This article provides information on the rights of Florida employees under the federal WARN Act.

The Worker Adjustment and Retraining Notification (WARN) Act offers protection to workers, their families, and their communities by requiring employers to provide notice 60 days in advance of covered plant closings and covered mass layoffs.

A temporary layoff results from a need for a staffing reduction at a point in time, usually because of a slowdown of work, a facility closure or the reduction in service. It is not the same as being fired, which is an action taken by an employer after a serious incident or misconduct on the part of the employee.

Layoff and termination differenceA layoff is a temporary stoppage of work while termination is a permanent stoppage of work. In the result, when somebody is laid off they do not get to collect notice/severance but they get to come back.

Unemployment BenefitsFlorida has no mini-WARN Act or other notice requirements for group layoffs (see Question 1).

The following states or territories have their own versions of the WARN Act that expand on the protections of the federal law, by covering small layoffs or by having fewer exceptions: California, Hawaii, Illinois, Iowa, Maine, New Hampshire, New Jersey, New York, Tennessee, Wisconsin and the Virgin Islands.

Your employer can only lay you off or put you on short-time working if your contract specifically says they can. If it's not mentioned in your contract, they can't do it. Your contract can be written, a verbal agreement or what normally happens in your company. It might also be called your 'terms and conditions'.

Employers take note: A temporary layoff for COVID-19-related reasons may constitute constructive dismissal at common law. As the year progresses, courts are starting to address the pandemic's impact on employment-related issues, such as those surrounding temporary layoffs.

A temporary layoff occurs when the employee is separated from their job due to lack of work, and the employee has a return-to-work date within eight weeks of the separation.

To qualify for Florida unemployment benefits, you must meet several criteria: You must have lost your job through no fault of your own. You won't qualify if you quit for personal reasons or were terminated for malicious misconduct. Poor job performance does not disqualify you.

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Florida Notification of Layoff