Frequently Asked Unemployment Questions

Anyone who is unemployed or partially unemployed can file a claim. You must work enough and earn enough to qualify financially for the benefit. Please see Benefit Calculations & Eligibility for more information. Once this determination is issued, your employer will be sent a form to review your eligibility. If you voluntarily quit your job without good reason, took a voluntary leave or were fired for misconduct or drug use, you are ineligible for benefits.

2. Will employers prior to my last employer be contacted about my benefits?

It depends. If you made a total of seventeen times your calculated weekly benefit amount while at your last position, no other employers will be contacted. If this is not the case, your next to last employer will be contacted.

3. What qualifies as employee misconduct?

Misconduct refers to purposeful acts that show an intentional disregard to the employer. For example, if you started a massive argument with a customer, caused a confrontation with your boss, etc., you would be ineligible for unemployment.

On the other hand, things like inefficiency, poor job performance, poor judgment, lack of discretion and negligence are not misconduct. If you were fired for any of these reasons and your employer appeals your benefits, contact a Jacksonville unemployment compensation attorney.

4. What is a "good reason" for quitting my job?

If you voluntarily left your job, you must have a good cause for leaving in order to qualify for benefits. Good reason is debatable, but things like decreases in pay, shift changes to hours you cannot work, illness or the military transfer of a spouse ordinarily are included. If you are concerned about whether your reason for leaving work would be considered good cause, speak with a Jacksonville unemployment lawyer before you resign from your position.

Filing

1. How do I file for unemployment compensation?

Please see Filing for Unemployment.

2. Can I file for a claim in Florida if I live in another state?

As long as you qualify for unemployment in Florida, you are allowed to file by following the same procedures as any other claimant.

3. Can I have my claim backdated to my unemployment date?

No. Florida will start your claim on the Sunday prior to the date you filed your claim. Your claim will not be backdated to the date you became unemployed.

4. How can I cancel a claim I recently filed?

You may request a cancellation within 20 days of the date your claim was determined. Once you have received monetary benefits, you may not cancel the claim. To cancel your claim, contact the Agency for Workplace Innovation.

5. Is my claim confidential?

Yes, however, if you file for an appeal after being found ineligible, the information from the hearing will be entered into public record.

The Approval Process

1. What is the Wage Transcript and Determination?

This form informs you if you qualify for unemployment insurance based on your record of work and earnings. It also includes information regarding your base period and your weekly benefit amount -if you qualify. If you do not qualify, the reason for your ineligibility will be included.

Please note that eligibility according to this form does not mean you will be able to receive benefits. Your employer may provide information on why you left the company that can affect your benefits.

If you are found ineligible and believe this to be an error, speak with a Jacksonville unemployment compensation attorney to discuss filing for an appeal.

2. How are the weekly benefit amount and maximum available credits calculated?

Please see Benefit Calculations & Eligibility.

3. Why did the adjudicator speak to me about separation from my last or next to last employer?

If you left your position willingly for no good reason, or if you were fired for employee misconduct, you are ineligible for benefits. When one of your past employers claims this is the reason for your separation from the company, the adjudicator will speak with both you and the employer to find out more about the specific situations that led to your unemployment.

The adjudicator will determine why you became unemployed and if you meet all other eligibility requirements for receiving compensation. When their investigation is complete and they have issued a determination, you and your employer will have 20 days to file an appeal to the decision.

4. How do I file an appeal?

Instructions for appealing are included in your program booklet that was mailed to you. You must complete the form and submit the appeal via mail or online within 20 days of the mailing of your letter of determination.

Throughout the Benefits Process

1. How will part time earning affect my benefits?

Report your total earnings before deductions on your bi-weekly claim form. If you earn over $52, your earnings will be deducted from your weekly benefits. If you have earned more than your weekly benefit, you will not receive benefits for that week. You do not lose these benefits, they just are pushed back until you need them.

2. I filed for an appeal, do I need to continue filling out unemployment the forms sent to me?

Yes. If you win your appeal, you will need these claims in order to receive back compensation for the time you were awaiting a decision. There is no compensation for weeks you did not send in this information.

3. How do I report having returned to work?

If you started work during a week you are claiming, mark yes to the question "Did you work or have any earnings during the week?" If you started working after the last week you were paid benefits, simply stop sending in your claim forms. This will automatically put your claim into an inactive status.

4. I exhausted all of my benefits, what can I do now?

Please see Extended Benefits.

Appeals

1. What happens after I file the appeal?

A telephone hearing will be scheduled and you will be mailed information about the hearing. Before the hearing, you may collect evidence and witnesses for your claim. After the hearing, the referee will prepare a decision and mail it to all parties involved.

2. When can I expect my hearing to be scheduled?

Hearings are scheduled in the order the appeals were received. If the economy is bad and unemployment is high, it will take a few weeks. Generally the hearing will be scheduled within 45 days of the appeal.

3. How do I enter documents to be considered as evidence?

If the documents are not included with your Notice of Telephone Hearing, mail a copy to the appeals refferee and the other addresses show on your notice.

4. What telephone number will be used in the hearing?

Whatever number is included with your notice will be the number you will be contacted through. If you would like to use a different number, notify the deputy clerk listed on your notice.

5. What happens if I don't participate?

Any party that fails to participate will generally lose. For the claimant, this would mean a denial of benefits and the need to repay any benefits already received. For the employer, this means their tax rates will be affected for the next three years.

6. Can I postpone the hearing?

Yes, but you must have a compelling reason to do so.

7. How long are the hearings?

Generally an hour or less, but they sometimes go on longer.

8. How are records of the hearing kept?

The hearing will be recorded so the information may be used if a second-level appeal is filed.

9. What rights do I have at the hearing?

You can testify, present evidence and witnesses in your favor, question the other party's witnesses, object to evidence presented, rebut information and make a closing statement.

10. What is the procedure of a hearing?

The parties involved will agree to be electronically recorded. The referee will explain the reason for the hearing and the evidence involved. All witnesses will be placed under oath and then all parties and witnesses will be questioned.

11. What if a witness refuses to testify?

You can subpoena the witness by writing to the address on the notice. Mail your request early so the subpoena will be served before the hearing. Be sure to include the docket number, the witness name and their address and telephone number. Your Duval County unemployment attorney can help you take care of the subpoena process.

12. When will I receive the final decision?

The decision will be mailed to everyone involved as soon as possible after the hearing.

13. Can I appeal this decision?

Yes. You may follow the directions on the decision letter to request a review of the case by the Unemployment Appeals Commision. This request must be made within 20 days after the decision was mailed. This commision will not review any new evidence or hold a new trial, they will merely look over the evidence and testimony already presented and evaluate the referee's decision.

The UAC will either affirm the decision, reverse it or request a new hearing if they believe signifigant error occurred in the first hearing.

14. What if I want to appeal the commission's decision?

You can file an appeal with the Florida District Court of Appeal. Your Florida unemployment compensation attorney can help you follow this appeal process and represent you in this hearing.

Overpayments & Fraud

1. I think someone is committing unemployment fraud, what should I do?

Please see Reporting Fraud.

2. I was overpaid benefits. What do I do?

Please see Overpayments.

3. Why is the state requesting I pay back more than my overpayment?

Because the federal taxes sent to the government need to be paid back as well. Once you pay back the money that was due as taxes, you can take a tax credit on your next income tax.

4. How am I supposed to pay back money I owe when I'm unemployed?

If you are still unemployed when your overpayment was discovered, it may just be deducted from the unemployment benefits you would receive ordinarily.

5. What if I don't pay back the money?

It may be seen as fraud and you may be charged with a third degree felony. Otherwise, you may have to attend civil court against a private collection agency or you will have it deducted from future unemployment payments.

Employer Questions

1. Do I need to respond to a Determination Notice of Unemployment Compensation Claim Filed?

No, but the information you provide is very helpful to the Agency for Workforce Innovation. If you do not believe the employee is eligible for unemployment benefits, it is crucial to respond with any information you have regarding the reason the person is no longer with your company. Additionally, filing information can help keep your UC tax rate low. You have ten days to respond to these notices.

2. If I believe the claimant is ineligible for compensation, what information should I include in response to the notice?

Send a statement with dates, times and places that negative incidents occurred. If you have any witnesses of the events, include their names and contact information. Detail any warnings the employee received and the specific company rules they may have broke.

3. What happens if I don't respond to this notice?

The claim will be based on the facts submitted by the claimant and will likely be approved.

4. What makes an employee ineligible for benefits?

If the employee quit without good reason or was fired for misconduct, they do not qualify for benefits. Please check the FAQs at the beginning of this page for more specific information.

5. How do I appeal a determination of eligibility?

Follow the directions on the back of the determination letter within 20 days and speak with your Jacksonville unemployment attorney about the evidence you will need at the hearing. Then review the appeals section of the FAQs above.