Reasons You May Be Denied Unemployment in Florida
The DEO will notify state workers who were denied unemployment in Florida by sending a notice of determination, which contains the reasons for the denial, as well as instructions on how to proceed. Since the DEO follows unemployment insurance rules set forth by the Department of Labor, you will generally have your unemployment compensation benefits denied in FL if you:
- Did not earn enough in the first four quarters of the 18 months leading to your dismissal from work.
- Lost your job due to misconduct, or you voluntarily left, without providing a good reason.
- Are unavailable for work or you are unable to perform any work duties.
- Did not correctly follow the DEO Reemployment Assistance procedures.
The aforementioned reasons are all valid arguments to be denied unemployment benefits. However, in certain cases unemployed appeals applicants may have their Florida unemployment benefits denied even if they were dismissed due to wrongful termination. For example, if you are fired as a result of discrimination on any grounds, and you are still denied unemployment in Florida, you can submit an unemployment denial appeal.
Filing a Florida Unemployment Denial Appeal with an Appeals Referee
You can appeal any adverse initial decisions regarding your denied unemployment benefits in Florida by submitting an unemployment denial appeal within 20 days of receiving the DEO determination notice. The first step in the Florida appeals system is to request a hearing with an administrative referee. Regardless of whether you are filing your request via the internet, or through more conventional means, you must explicitly state why you are eligible for benefits.
The most convenient method to submit your unemployment denial appeal in Florida is through the department's CONNECT online services. To finalize the internet procedure, you must complete the following steps:
- Review the DEO decision regarding your initial claim in the Determinations section of your profile.
- Select the File Appeal option, review your rights and proceed to the Appeal Request section.
- Provide your reason for appealing and enter information about the hearing, such as whether or not you will be represented by an attorney.
- Update your contact information (if necessary) and submit your appeal.
When the department processes your request, it will mail you the Notice of Hearing. This official document will contain information about the audit's time and place, and whether or not you are expected to be present in person.
If you are unable to appeal the DEO determination regarding denied unemployment in FL via the internet, you can submit your request in writing to the address of the department's Office of Appeals. If you are delivering your FL unemployment denial appeal in person, by fax or standard mail, you must include your Claimant ID number, legal signature and Social Security Number.
At the hearing, you can support your case by submitting evidentiary documents and presenting relevant witnesses. If the DEO administrative judge decides to reverse its decision regarding your denied unemployment coverage, you will be granted the full amount of benefits, including payments for the period during which your claim was denied.
Filing a Florida Unemployment Denial Appeal with the Appeals Commission
If the referee rules against you and you still have your Florida unemployment benefits denied, you can appeal with the RA Appeals Commission within 20 days of receiving the ruling. In general, the appeals board will not schedule a second hearing, but it may allow unemployment benefits appeal applicants to submit additional evidence that will support their new unemployment denial appeal.
Unemployment appeal applicants will be notified of the commission’s decision regarding their denied unemployment benefits in Florida via standard mail. If the appeals board does not rule in your favor, the mail-in order will contain information about other available appeal options. The department's two levels of appeals are the only inter-agency options offered to dissatisfied claimants. If you fail to obtain a favorable decision from both the appeals referee and the Appeals Commission, your only remaining option is to protest the DEO determination through the Florida District Court system.