Florida Unemployment Appeals

UNEMPLOYMENT COMPENSATION APPEALS

http://www.floridajobs.org/unemployment/uc_appeals_default.html

...the Appeals Process

1. How do I appeal an unemployment compensation determination?

2. How much time do I have to file an appeal?

3. Can I see the status of my appeal on the AWI web site?

4. What will happen after I file an appeal?

5. When will my hearing be scheduled?

6. Will I get a copy of my case file?

7. How do I provide my telephone number for the hearing?

8. Is participating in the hearing important?

9. Can I request a postponement?

10. What happens if I don’t participate?

11. How long will the hearing last?

12. Will I have a chance to tell my side of the story?

13. Why is the hearing recorded?

14. Why was a hearing scheduled?

15. Why is this hearing important?

16. What are my rights at the hearing?

17. What are the hearing procedures?

18. How can I arrange for witnesses?

19. Can I withdraw my appeal?

20. What should I do if I missed my hearing?

21. What evidence should I provide?

22. How can I show I filed my appeal on time?

23. How can I prove I looked for work?

24. Should I hire an attorney?

25. What if I need a translator?

26. How do I know the hearing will be fair?

27. When will I receive a decision?

28. What if I disagree with the decision?

29. What if I disagree with the Commission’s Order?

30. Will the information about my appeal still be confidential after the hearing?

31. Where can I find more information about appeals?

1.     How do I appeal an unemployment compensation determination?

If you were adversely affected by a determination, you may file an appeal by following the prompts on our website at www.fluidnow.com/appeals. The confirmation number you receive at the end of the process will be your proof of filing. Other filing methods include writing the appeal on a letter or on the Notice of Appeal form provided in English, Spanish and Creole at appeal forms. Include the claimant’s name and social security number and a brief statement about why you believe the determination is incorrect. Mail written appeals to:

Office of Appeals - MSC 347

107 E Madison Street

Tallahassee, FL 32399-4143

Instead of mailing, you may fax the appeal to (850) 921-3524. We encourage you to file appeals on our secure website because we receive them immediately and your information is safe. However, to help you prevent identity theft, we do not accept appeals filed by telephone or e-mail.

2.     How much time do I have to file an appeal?

An appeal must be filed within 20 calendar days after the mailing date shown on the determination. If the 20^th day is a Saturday, Sunday, legal holiday, or other day when the post office is closed, the filing period is extended to the next business day. If filed on the Agency website, the date shown on the confirmation sheet will be considered the filing date. If filed by mail, the postmark date affixed by the United States Postal Service will be considered the date of filing. If filed by fax or a delivery service other than the USPS, the date received in the Office of Appeals will be considered the date of filing.

3.   Can I see the status of my appeal on the AWI website?

Yes. If you filed your appeal on the website, the case status will be available on the website the next day at www.fluidnow.com/appeals. After reading the available options on the first page, click Continue, then select Check Status of a Case and follow the prompts. If you filed your appeal by mail or by fax, the case status will usually be available on line about one week later.

4.   What will happen after I file an appeal?

A telephone hearing will be scheduled. All parties will be notified of the hearing date and time and have an opportunity to participate the hearing conference call. An Appeals Information pamphlet enclosed with the Notice of Telephone Hearing will tell you how to prepare for the telephone hearing. After the hearing, the appeals referee will prepare and mail a written decision.

5.   When will my hearing be scheduled?

The Office of Appeals schedules hearings in the order the appeals are received. When the unemployment rate is high, it may take a few weeks for a hearing to be scheduled. We try very hard to resolve each case within 45 days after the appeal is received.

6.   Will I get a copy of the case file?

A copy of the documents available to the appeals referee will be enclosed with the Notice of Telephone Hearing. Review and have these documents with you during the hearing. If you wish to have other documents considered, you must mail a copy to the appeals referee and all addresses shown on the Notice of Telephone Hearing, even if you previously provided the documents.

7.   How do I provide my telephone number for the hearing?

The appeals referee will call you at the telephone number shown on the Notice of Telephone Hearing. If you should be called at a different number for the hearing, you may provide the number on-line at www.fluidnow.com/appeals or notify the deputy clerk whose name, address, and telephone number appear on the Notice of Telephone Hearing.

8.   Is participating in the hearing important?

YES! If the claimant does not participate and loses a case, benefits will be denied and the claimant must repay benefits received. If the employer does not participate and loses a case, its tax rate may be adversely affected for the next three years. Reimbursing employers who lose a case must repay the trust fund for benefits paid to the claimant based on employment with the reimbursing employer.

9.   Can I request a postponement?

A postponement may be requested if there is a compelling reason why you cannot participate as scheduled. The request can be made in writing before the hearing or on the record during the hearing. Include the reason you cannot participate and what, if any, attempts you made to re-arrange your schedule so you could participate. The referee will let you know if the request is granted. If a reply is not received, assume the request was denied. Be available for the hearing and prepared to present your case.

10. What happens if I don’t participate?

If the party who filed the appeal participates, a hearing will be held. The decision will be based on the evidence presented. If you don’t participate, your information will not be considered. If you filed the appeal and do not participate, your case will be dismissed.

11.   How long will the hearing last?

Most hearings are finished in less than an hour; however, hearings with complex issues or several witnesses may last longer.

12.   Will I have a chance to tell my side of the story?

Yes. The appeals referee will ask questions about the issue and provide an opportunity for you to add your own comments and evidence.

13.   Why is the hearing recorded?

There are further appeal rights if a party disagrees with the referee’s decision. If a second level appeal is filed, the Unemployment Appeals Commission needs the hearing recording to conduct its review.

14.     Why was a hearing scheduled?

A hearing was scheduled because an Agency determination was appealed. Participating in the hearing is important, even if the other party filed the appeal.

15.     Why is this hearing important?

The decision from this hearing will replace the determination that was appealed. Only one hearing level is provided by law. To protect your rights, you must participate even if the other party filed the appeal. If you cannot attend as scheduled, immediately follow the instructions in Section 9 to request rescheduling. Otherwise, you may receive an unfavorable decision. A claimant who receives an unfavorable decision will have to repay benefits that should not have been paid. An employer who receives an unfavorable decision may receive benefit charges that increase the employer’s tax rate or require reimbursement to the trust fund. Be prepared to present evidence on all issues listed on the Notice of Hearing. The decision will be based only on evidence presented at the hearing. A second appeal level exists, but includes only a review of the existing record, not a new hearing.

16.     What are my rights at the hearing?

As a party, you have the right to:

·         Testify in your own behalf;

·         Present documents and other evidence;

·         Question your own witnesses;

·         Question the opposing party’s witnesses;

·         Examine and object to evidence presented;

·         Explain or rebut evidence presented; and

·         Make a closing statement at the end of the hearing.

17.     What are the hearing procedures?

The appeals referee assigned to the case will:

·         Obtain permission to record from each participant and electronically record the hearing.

·         Explain the issues, purpose of the hearing, order of testimony, and other procedures;

·         Identify the determination on appeal and make known the contents of the case file;

·         Place all witnesses under oath or affirmation;

·         Question parties and witnesses to obtain the facts;

·         Assist parties as they question witnesses; and

·         Determine if testimony and documents being offered should be received and considered.

18.     How can I arrange for witnesses?

Contact and ask the witness to testify. The best witness is one who was present and has personal knowledge of the facts. A witness who was present at an event is much better than one who was told about it by someone else. If possible, you and your witness(es) should be at the same location for the hearing. If a witness cannot be at your location and must be contacted at a different telephone number, provide the witness’ name and telephone number to the deputy clerk whose name and telephone number appear on the Notice of Telephone Hearing. Instruct the witness to be available at the scheduled hearing time and to remain available until dismissed by you or the appeals referee. The referee cannot call your witnesses before or after the hearing, only during the hearing, so that all parties will hear what the witness has to say and have a chance to ask questions about the testimony. You may add your witness’ name and telephone number on the AWI website at www.fluidnow.com/appeals.

If a witness refuses to testify voluntarily, you can request a subpoena by writing to the address on the Notice of Hearing. Mail or fax the request as soon as possible, so the subpoena can be served before the hearing. Include the case docket number; the witness’ name, address, and telephone number (if available), as well as a detailed description of any document(s) the witness should provide for the hearing.

19.     Can I withdraw my Appeal?

The appellant may withdraw an appeal by mail or fax to the Appeals Office address or fax number on the Notice of Hearing or to: Office of Appeals; MSC 347; 107 E Madison Street; Tallahassee FL 32399-4143. Include the claimant's Social Security number and docket number. In most situations, a withdrawn appeal cannot be reopened.

20.     What should I do if I missed my hearing?

If you missed a hearing for a necessary, compelling reason, you may request re-opening within twenty calendar days after the decision was mailed. Instructions will be included on the decision. Any request for rehearing must be filed on the Internet at www.fluidnow.com/appeals, or by mailing or faxing a written request to the address or fax number on the Notice of Hearing or Decision. No other methods are permitted. Include the Docket Number or the claimant’s social security number and the reason for not attending. Only compelling and necessary reasons constitute good cause. If a rehearing request is granted, you must present evidence of good cause at the new hearing and show due diligence in trying to re-arrange your schedule or requesting postponement. If good cause is not shown, the prior decision will be reinstated.

21.     What evidence should I provide?

The best evidence is testimony from a person who was present at an event and can answer specific questions about what happened. Claimants almost always have first-hand knowledge of the events. Employers should choose witnesses carefully to ensure competent evidence is presented. Hearsay (information learned from someone else) may be used to support other evidence, but is not sufficient by itself. (Rule 60BB-5.024, F.A.C.)

To have documents considered, mail, fax, or deliver a copy of each to the Appeals Office and all addresses on the hearing notice, before the hearing date. Do this even if you previously submitted the document to the Agency. Only documents received by the hearing officer and all parties can be considered, unless the right to view the documents is waived. All evidence becomes public record when the hearing is convened. 

Most documents and affidavits are hearsay and not sufficient to prove what occurred. An employer who must rely on business records should provide a witness who can testify how the records were prepared and vouch for their authenticity. Unless they qualify as an exception to the hearsay rule, (See Chapter 90, F.S.) such evidence cannot be used as the sole basis for a finding of fact. Once the hearing is closed, no additional evidence will be accepted.

22.     How do I show I filed my appeal on time?

If the appeal does not appear to have been filed within the time allowed by law, the referee will first take evidence on the timeliness of the appeal. If timeliness is listed as an issue, testimony from the person(s) who received the determination and filed the appeal would be important. The case will be dismissed without competent evidence of timely filing.

23.     How do I prove I looked for work?

If the issue is whether you were able and available for work, send a copy of your work search contact sheets to the Appeals Office before the hearing. Include each job contact date and method, as well as each employer contact’s name and address. If you don’t have time to mail the work search contact sheet, have the information available at the hearing so that you can provide specific information to the appeals referee.

24.     Should I hire an attorney?

Professional representation is not required and most people represent themselves at unemployment hearings. You have the right to be represented by an attorney or authorized representative at your own expense. Fees for representing a claimant must be approved by the appeals referee, but paid by the claimant. Legal representation may be available through a local Legal Aid Office at reduced or no cost for low-income claimants. For information about hiring an attorney, contact the Florida Bar Association toll-free at 1-800-342-8011. If you hire an attorney or authorize someone to represent you, provide the person’s name, address, and telephone number to the Appeals Office to ensure all notices are sent to that person.

25.     What if I need a translator?

The hearing will be in English. Translation will be arranged for claimants who indicate a primary language other than English when filing for benefits. If a translator is needed and the Notice of Telephone Hearing does not say a translator was arranged, have the deputy clerk contacted at once to advise what language is needed so translation arrangements can be made. The deputy clerk’s telephone number is on the Notice of Telephone Hearing.

26.    How do I know the hearing will be fair?

The appeals referee is required by law to be impartial and issue a decision based on competent evidence. The appeals referee is responsible for conducting a fair hearing, questioning the witnesses, and protecting the basic rights of each party. The appeals referee cannot discuss the case with any party before or after the hearing.

27.     When will I receive a decision?

A decision will be mailed to all parties as soon as possible after the hearing. The decision will include findings of fact, conclusions of law, and the result, which will affirm, reverse, or modify the determination or dismiss the appeal.

28.     What if I disagree with the decision?

If you disagree with the referee’s decision, follow the directions on the decision to request review of the case by the Unemployment Appeals Commission(UAC). Any request for review must be filed within 20 calendar days after the decision was mailed. The UAC will not hold another hearing; its decision will be based on the testimony and other evidence presented to the referee and how the referee used that evidence to reach a decision. Therefore, presenting all of your evidence at the hearing is very important. Upon completing its review, the UAC will mail a written order to all parties which may affirm or reverse the decision or send the case back to Appeals for another hearing if a significant error occurred. You can file a request for review by mail to

Unemployment Appeals Commission

Suite 101, Rhyne Building

2740 Centerview Drive

Tallahassee, FL 32399-4151

You may fax a written request for review to 850-488-2123 or file the request for review online at https://www.uac.fl.gov/Appeal.aspx. If mailed, the postmark date will be the filing date. If faxed, hand-delivered, delivered by courier service other than the United States Postal Service, or submitted via the Internet, the date of receipt will be the filing date. To avoid delay, include the docket number and claimant’s social security number.

29.     What if I disagree with the Commission’s Order?

Commission Orders include information for filing appeals to the appropriate Florida District Court of Appeal.

30.     Will the information about my appeal still be confidential after the hearing?

No, except for the claimant’s social security number, appeal information becomes public record when the hearing is convened.

31.     Where can I find more information about appeals?

Information about the appeals process, law, regulations, and resources can be found online at www.fluidnow.com/appealsl. The address, telephone, and fax numbers of the Appeals Office where your case was assigned is shown on the Notice of Telephone Hearing, as well as the name of the deputy clerk who can be contacted to provide your telephone number for the hearing or receive information. A complete list of Appeals Offices is shown on the last page of this pamphlet. Include the docket number or claimant’s social security number on all correspondence

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