Denial of Unemployment Insurance in Florida
"What can I do if unemployment denied my application?" Many workers in Florida denied unemployment benefits often do not know what to do after receiving a notification from the Reemployment Assistance (RA) program. The Department of Economic Opportunity (DEO) require applicants to meet certain eligibility conditions to receive benefits. Unemployment applicants can avoid having unemployment benefits denied if they familiarize themselves with these requirements ahead of time. Often workers who have had unemployment compensation benefits denied in Florida can appeal the decision if the reason is unjust. By clicking here, RA applicants can download comprehensive information about Florida's Unemployment Insurance (UI) as well as other financial assistance programs in the state. To find out more about denied unemployment in Florida and appeals, read from the topics below:
- Reasons Reemployment Assistance in Florida denied unemployment benefits
- Florida unemployment denial appeal process
- Wrongful termination in Florida
Reasons Reemployment Assistance in Florida Denied Unemployment Benefits
If RA applicants are denied unemployment in Florida, it may be due to an eligibility issue such as not earning enough income, inadequate work history or reason for termination. Claimants will have unemployment compensation benefits denied if the quit working voluntarily or were fired for misconduct. Other causes for having unemployment benefits denied that are the fault of the employee include failing drug tests and listing fraudulent information on unemployment applications.
UI enrollees can also lose their benefits even if they initially qualified. RA participants are denied unemployment benefits if they refuse work deemed suitable by Florida DEO. To find out more about the requirements to continue to collect unemployment benefits in Florida, click here and download our free guide.
However, unemployment benefits claimants can be denied unemployment benefits for reasons that are not their own fault as well. Any unemployment claimant who cannot work for any reason cannot collect benefits, even though the reason may not be the claimant's fault. For example, temporary or permanent disabilities automatically cause unemployment benefits denials. Claimants can also have unemployment compensation benefits denied when unable to look for work in Florida because they have to go out of state for family emergencies.
Florida Unemployment Denial Appeal Process
RA claimants are often denied unemployment when their former employers try to prove that the termination was the employee's fault. Applicants with unemployment benefits denied may have former employers who are simply trying to dodge unemployment claims. Fortunately, applicants denied unemployment benefits can file an appeal and request a hearing to disprove this.
When UI applicants have unemployment compensation benefits denied, the DEO will send a notification letter. Included are instructions for the unemployment denial appeal process, which applicants why opt for if the given reason is untrue. This can occur when former employers claim termination was due to misconduct. Claimants can request an appeal by mail, fax or online. Workers denied unemployment in Florida must make appeal request by the date listed on the notification letter.
Prior to the scheduled unemployment denial appeal hearing, employees should collect evidence for their case. Reemployment Assistance program claimants who can prove that they did not commit misconduct, for example, may be able to reverse the decision and start receiving their unemployment benefits. A Florida lawyer who specializes in unemployment denial appeal cases can help those wrongfully terminated and denied benefits. Attorneys are familiar with the information needed for unemployment appeals.
Filing an unemployment denial appeal can be time consuming and should not be done in clear-cut instances where the end result will not be in the claimant's favor. For instance, disabled claimants will not have successful appeals. It can be quite difficult to prove that no misconduct occurred, especially since the state of Florida allows employers to fire workers for both workplace and non-workplace misconduct. Cases where employees accused employers of harassment forcing resignation can be difficult.
Wrongful Termination in Florida
While UI claimants will have unemployment compensation benefits denied if fired for at-fault reasons, some wrongfully terminated workers are eligible for compensation due to the dismissal. Wrongful termination occurs when the termination of an employee is against state of federal laws. Some employers who commit wrongful termination in Florida will try to avoid unemployment claims by indicating the dismissal was the fault of the former employee. Workers who experience a wrongful termination are eligible for compensation from the DEO as well as the former employer. Wrongfully terminated workers can find out more about handing wrongful dismissals in Florida by downloading our guide here.
It is important to determine if the termination was legal or illegal. Wrongful termination in Florida includes discrimination due to personal factors like age, gender and race as well as veteran status or religion. The wrongful termination category also includes situations where employees are harassed, sexually or otherwise, to the point where the employees are fired or feel forced into quitting their jobs. Likewise, businesses cannot dismiss workers who file discrimination or other law suits against them, or end a contract prematurely.
The unemployment denial appeal process is very important for claimants wrongfully dismissed from employment. Employees illegally terminated in Florida should file a discrimination charge against the former employers in addition to filing for unemployment benefits. Workers who win the unemployment appeal by proving wrongful termination are more likely to win illegal dismissal lawsuits against the former employer later.