How to Appeal if Your Unemployment Claim is Denied in Florida

Find out how to appeal if your unemployment benefits claim is denied by the Florida Department of Economic Opportunity.
ADVERTISEMENT

Can I Appeal a Denial of Unemployment Benefits in Florida?

by

If the Florida Department of Economic Opportunity denies you unemployment insurance benefits, you can appeal. After you file your initial claim for unemployment benefits, the Florida Department of Economic Opportunity will send you a written determination of your eligibility for benefits and, if it finds you eligible, how much you will receive in benefits. But, if the Florida Department of Economic Opportunity finds that you are not eligible for benefits or grants you benefits in a lower amount than you believe you are entitled to, you can appeal that decision. And, if the Florida Department of Economic Opportunity finds you eligible to receive benefits, your ex-employer can appeal that decision.

If you want to appeal the Florida Department of Economic Opportunity decision, check the Florida Department of Economic Opportunity website and handbook for:

  • Any forms and instructions for filing your appeal
  • The deadline for filing your appeal
  • What to do if you are filing late
  • Where and how to file your appeal
  • How long the appeal process takes
  • What happens to your benefits while you wait for a decision on your appeal, and
  • A link to the Florida Reemployment Assistance Program, Office of Appeals that will review your appeal.

What You Should Include in Your Appeal

Your state may have a form that you can fill out to file your appeal. Check the Florida Department of Economic Opportunity website and handbook for any forms and instructions for filing your appeal. Be sure to include your social security number, the reason you are appealing the decision, and any claimant identification number referenced in the Florida Department of Economic Opportunity decision in your appeal. 

How and When to File an Appeal of Denial of Benefits in Florida

You can appeal a decision by the Florida Department of Economic Opportunity online or by mail, fax, or in person. (You can find the address and fax number at the Florida Department of Economic Opportunity website.) Any appeal of the decision must be in writing and postmarked (if mailed) or received (if filed online, by fax, or in person) by the Florida Reemployment Assistance Program, Office of Appeals within 20 calendar days of the date of the Florida Department of Economic Opportunity decision. 

What If You File Your Appeal Late?

Many states accept late-filed appeals if you can show good cause justifying the late filing. A deadline to appeal within a specified number of “calendar days” means counting every day on the calendar, including weekends and holidays. If the deadline to file your appeal falls on a weekend day or holiday, the deadline is extended to the next business day (Monday through Friday, excluding holidays).

What Happens After You File Your Appeal?

The Florida Reemployment Assistance Program, Office of Appeals will contact your ex-employer and give them a chance to submit a response to the appeal. Then the Florida Reemployment Assistance Program, Office of Appeals will review the appeal and set a hearing. You and your ex-employer can present evidence to the Florida Reemployment Assistance Program, Office of Appeals at or before the hearing. Examples of evidence you may want to submit include documents showing your rate of pay, and documents or witness statements supporting your eligibility (such as evidence that the employer fired you for reasons other than misconduct). After the hearing, the Florida Reemployment Assistance Program, Office of Appeals will notify you and your ex-employer of its decision. If you disagree with that decision, you can appeal that decision, too. The Florida Department of Economic Opportunity website has information on how to file this second-round appeal.

Claim Your Weekly Benefits During the Appeal

You should claim your weekly benefits while you are appealing the decision and for as long as you remain unemployed, even if the decision found you ineligible for any benefits. That way, if you win the appeal, you can receive retroactive benefits. For information about weekly benefit certification, see What Do I Have to Do to Keep Receiving Benefits? 

 


You may also be interested in:

Your Rights In the Workplace

by Barbara Repa, J.D.
(11th Edition, July 2018)

Your Rights In the Workplace

In Paperback and eBook (Adobe Reader)  

Buy & download now @
Nolo (publisher)


The Essential Guide to Handling Workplace Harassment & Discrimination

by Deborah C. England
(4th Edition, September 2018)

The Essential Guide to Handling Workplace Harassment & Discrimination

In Paperback and eBook (Adobe Reader)  

Buy & download now @
Nolo (publisher)


The Essential Guide to Family & Medical Leave

by Lisa Guerin & Deborah C. England
(5th edition, July 2018)

The Essential Guide to Family & Medical Leave

In Paperback and eBook (Adobe Reader)  

Buy & download now @
Nolo (publisher)


Working for Yourself

by Stephen Fishman, J.D.
(December 2018, 11th Edition)

Working for Yourself

In Paperback and eBook (Adobe Reader)  

Buy & download now @
Nolo (publisher)


Workplace Investigations: How to Handle Employee Complaints & Problems

by Lisa Guerin, J.D.
(May 2016, 4th Edition)

Workplace Investigations: How to Handle Employee Complaints & Problems

In Paperback and eBook (Adobe Reader)  

Buy & download now @
Nolo (publisher)


ADVERTISEMENT

Talk to a Local Unemployment Law Attorney

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

ADVERTISEMENT

Talk to a Local Unemployment Law Attorney

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

More Florida info from LegalConsumer.com


Home Page