Frequently Asked Questions
How do I appeal an unemployment compensation determination?
Only claimants and employers that have been adversely affected by the agency’s determination are entitled to file an appeal. If you are a claimant and received a notice that you were denied benefits, you may file an appeal. The confirmation number you receive at the end of the process will be your proof of filing.
Mail written appeals to:
Office of Appeals – MSC 347
107 E Madison Street
Tallahassee, FL 32399-4143
How much time do I have to file an unemployment compensation appeal?
An appeal must be filed within twenty (20) calendar days after the mailing date shown on the determination you received. If the 20th 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.
What will happen after I file an unemployment compensation appeal?
A telephone hearing will be scheduled. All parties involved in the determination (claimant and employer), will be notified of the hearing date and time and have an opportunity to participate in 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.
When will my unemployment compensation 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 make every effort to resolve each case within 45 days after the appeal is received.
Is participating in the hearing important?
Yes! The failure to appear and participate in the hearing could have negative consequences. If only one side appears at the hearing, the appeals referee will hear only the evidence presented by that side. This could significantly impact the outcome for the individual(s) not participating. If the claimant loses, benefits will be denied and the claimant must repay benefits received.
What happens if I don’t participate?
If you filed the appeal and do not participate, your case will be dismissed. The attorneys at Longwell Lawyers have participated in numerous hearings and are ready to assist you in preparing for and attending the hearing. A qualified attorney from Longwell Lawyers will attend the hearing with you.
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.
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 your attorney to add your own comments and evidence. The attorneys at Longwell Lawyers will question the employer’s representative and introduce evidence on your behalf.
What are my rights at the hearing?
You have the right to:
- Have an attorney represent you at the hearing
- 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
- Make a closing statement at the end of the hearing
Should I hire an attorney?
You have the right to be represented by an attorney. The issues for appeal can become complicated. It will benefit you greatly to have an attorney represent you who has experience in questioning the employer’s representative and providing the referee with the necessary evidence to award you benefits on your unemployment insurance claim. The Orlando attorneys from Longwell Lawyers stand ready to assist you with this type of representation.
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.
