Our law firm represents individuals in evidentiary hearings before Unemployment Compensation Appeals Referees employed by the State of Florida Agency for Workforce Administration.

The first step in the process for receiving Unemployment Compensation is for the terminated employee to file an application with the Agency for Workforce Administration. The employer has the right to oppose the application at this stage.

An Administrative Judge will either accept or reject the application for benefits. If accepted, the employee should begin to receive Unemployment Compensation benefits. However, the employer can appeal this decision. The appeal will be heard by an Unemployment Compensation Appeals Referee in an evidentiary hearing.

If the Administrative Judge denies the application, the decision can be appealed by the employee. The appeal will be heard by an Unemployment Compensation Appeals Referee.

The initial application and appeal forms can be found online on the Agency for Workforce Administration's website. Appeals can be filed online or in person, but they must be filed timely. Evidence will be presented to the Appeals Referee.

Important Definitions & Considerations: 

• "Able to work" means physically and mentally capable of performing the duties of the occupation in which work is being sought. 443.036(1)
• "Available for work" means actively seeking and being ready and willing to accept suitable employment. 443.036(6)
• "Misconduct" includes, but is not limited to, the following, which may not be construed in pari materia with each other: (a) Conduct demonstrating willful or wanton disregard of an employer's interests and found to be a deliberate violation or disregard of the standards of behavior which the employer has a right to expect of his or her employee; or (b) Carelessness or negligence to a degree or recurrence that manifests culpability, wrongful intent, or evil design or shows an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his or her employer. 443.036(29)
• Commencement of Benefits: An individual's week of unemployment commences only after his or her registration with the Agency for Workforce Innovation, except as the agency may otherwise prescribe by rule. 443.936(43)(b)
• Disqualification for Benefits: For the week in which he or she has voluntarily left his or her work without good cause attributable to his or her employing unit or in which the individual has been discharged by his or her employing unit for misconduct connected with his or her work, based on a finding by the Agency for Workforce Innovation. 443.101(1)(a)
• Liberal Construction: The Unemployment Compensation statute should be liberally construed in favor of the claimant. Langley v. Unemployment Appeals Commission, 444 So.2d 518 (Fla. 1st DCA 1984).
• Burden of Proof: The burden of providing misconduct is on the employer. Donnel v. University Community Hospital, 705 So.2d 1031 (Fla. 2nd DCA 1998).
• Termination vs. Denial of Benefits: Although an employee's actions may justify discharge, the same conduct does not necessarily preclude entitlement to unemployment benefits. Betancourt v. Sun Bank Miami, N.A., 672 So.2d 37 (Fla. 3rd DCA 1996).
  

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