Unemployment Insurance Benefits Appeal — Florida

Unemployment Insurance Benefits Appeal (FLORIDA)

Quick-Reference Summary

Part A — Notice of Appeal to Office of Appeals (Initial Determination)

Letterhead and Date

[________________________________]
[CLAIMANT OR REPRESENTATIVE NAME]
[________________________________]
[Street Address]
[________________________________]
[City, FL ZIP]
[________________________________]
[Phone] | [Email]

VIA U.S. CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA FAX TO 850-617-6504
AND VIA RECONNECT / RA HELP CENTER ONLINE

Date: [__/__/____]

Recipient

Office of Appeals
FloridaCommerce — Reemployment Assistance
PO Box 5250
Tallahassee, FL 32399-4143
Fax: 850-617-6504

Subject

Re: Notice of Appeal — Form A-100 / Reemployment Assistance Determination
Claimant: [________________________________]
SSN: XXX-XX-[____]
Reconnect Claim/PIN: [____________]
Determination Distributed Date: [__/__/____]
Document/Determination No.: [____________]

I. Claimant Information

II. Determination Being Appealed

The Reemployment Assistance Determination has a "distributed date" of [__/__/____]. It states:

[________________________________]
[Quote operative finding — e.g., "Claimant was discharged for misconduct connected with work" or "Claimant left work voluntarily without good cause attributable to the employing unit"]

Statutory basis cited: Fla. Stat. § [____].
Weeks disqualified: [____] through [____].
Overpayment assessed (if any): $[____________].

A copy of the determination is enclosed.

III. Statement of Grounds for Appeal

The claimant disagrees with the determination for the following reasons:

1. [Factual basis — what actually happened during the separation]
2. [Legal basis — why claimant's conduct does not meet the § 443.036(29) misconduct standard, or why good cause for voluntary leaving existed]
3. [The adjudicator did not interview claimant or relied on incomplete employer statement]
4. [Identifies documentary and witness evidence that contradicts the determination]

IV. Request for Hearing

☐ Telephonic hearing (standard — referee will call claimant)

Best telephone number for the hearing: [____________]
Alternate number: [____________]

Date(s) on which claimant cannot participate: [________________________________]

V. Witnesses and Documents

Documents claimant will offer at hearing (will mail or fax to Office of Appeals before hearing):

• Termination letter / separation paperwork
• Written warnings / progressive-discipline records
• Employee handbook (policy at issue)
• Pay stubs, schedules, time records
• Doctor's notes / leave documentation
• Texts, emails, voicemails
• Work-search log
• [____________]

VI. Reasonable Accommodation

☐ Interpreter — language/dialect: [____________]
☐ ADA accommodation: [________________________________]
☐ Hearing impairment / TTY relay
☐ None

VII. Late-Filing Explanation (If Filed After 20-Day Deadline)

Good-cause statement: [________________________________]

Signature Block

Respectfully submitted,

_______________________________
[Claimant or Authorized Representative]
Date: [__/__/____]

Part B — Pre-Hearing Brief / Position Statement

I. Statement of Facts

1. Claimant was employed by [Employer Name] from [__/__/____] to [__/__/____] as a [job title].
2. Separation occurred on [__/__/____]. [Discharge / voluntary quit / layoff].
3. [Detailed chronological narrative with names, dates, and documentary cross-references.]
4. Claimant applied for Reemployment Assistance on [__/__/____].
5. FloridaCommerce mailed the Determination on [__/__/____]. This appeal was filed on [__/__/____], within 20 days.

II. Legal Standard

A. Misconduct (Fla. Stat. §§ 443.101(1)(a), 443.036(29)). "Misconduct connected with work" includes: (a) conduct demonstrating conscious disregard of an employer's interests; (b) carelessness or negligence to a degree showing intentional disregard; (c) chronic absenteeism or tardiness without authorization; (d) willful, deliberate, or repeated violation of a reasonable employer standard or rule; or (e) violation of an employer's rule unless the claimant can demonstrate the rule is unlawful, not fairly or consistently enforced, or violated unintentionally. The employer bears the burden of proof by a preponderance of the evidence. Cullen v. Neighborly Senior Servs., 775 So.2d 392 (Fla. 2d DCA 2000).

B. Voluntary Quit Without Good Cause (§ 443.101(1)(a)). Claimant who quit voluntarily must show "good cause attributable to the employing unit" or one of the statutory exceptions (domestic violence under § 443.101(1)(e); spouse military relocation; illness/disability of claimant or immediate family; sexual harassment). Claimant bears the burden. Uniweld Prods., Inc. v. Indus. Relations Comm'n, 277 So.2d 827 (Fla. 4th DCA 1973).

C. Refusal of Suitable Work (§ 443.101(2)). Refusal of suitable work without good cause disqualifies; suitability assessed by prior training, experience, prior earnings, length of unemployment, and proximity.

D. Able and Available (§ 443.091(1)(c), (d)). Claimant must be able to work, available for work, and actively seeking work each claimed week.

III. Argument — Claimant Is Not Disqualified

[Apply standard to facts. Numbered paragraphs.]

1. [Why employer cannot meet its burden / why claimant had good cause]
2. [Mitigating evidence — long tenure without prior discipline; conduct was isolated; was result of inability not intent]
3. [Cases on point]

IV. Evidence Summary

V. Witnesses

VI. Requested Relief

Claimant respectfully requests that the Appeals Referee:

1. Reverse the Reemployment Assistance Determination distributed [__/__/____];
2. Find claimant eligible for benefits effective [__/__/____];
3. Direct FloridaCommerce to release payments for all weeks claimed;
4. Vacate any overpayment and willful-misrepresentation penalty;
5. Grant any further relief just and proper.

Part C — Hearing Preparation Checklist

☐ Determination Notice reviewed; statutory basis identified
☐ Appeal filed within 20 calendar days of distributed date
☐ Filing method preserved (postmark, fax confirmation, Reconnect submission timestamp)
☐ Reconnect/RA Help Center account active
☐ Personnel file requested from employer
☐ Pay stubs and final paycheck records gathered
☐ Termination letter, write-ups, handbook policies obtained
☐ Doctor's notes / FMLA / leave documentation collected
☐ Texts, emails, voicemails preserved
☐ Witnesses identified, contacted, and prepped; telephone numbers given to Office of Appeals before hearing
☐ Exhibits mailed/faxed to Office of Appeals and to opposing party
☐ Burden-of-proof analysis completed
☐ Pre-hearing brief drafted
☐ Reasonable-accommodation / interpreter request submitted
☐ Charged phone, quiet location, no call-waiting confirmed
☐ Continued claiming weeks through Reconnect throughout appeal
☐ Cross-examination questions for employer's witnesses prepared
☐ Hearsay objections noted for ready use
☐ Closing-argument outline prepared
☐ Subpoena requested if any witness will not appear voluntarily

Part D — Appeal to the Reemployment Assistance Appeals Commission (RAAC)

Notice of Appeal to RAAC

[Date: __/__/____]

Reemployment Assistance Appeals Commission
107 E. Madison Street, Caldwell Bldg., MSC 347
Tallahassee, FL 32399-4143
Online: https://raaciap.floridajobs.org/

Re: Appeal of Appeals Referee Decision
Claimant: [________________________________]; SSN: XXX-XX-[____]
Docket No.: [____________]
Date of Referee Decision: [__/__/____]; Mailing Date: [__/__/____]

Claimant appeals the Appeals Referee decision in full. This appeal is filed within 20 calendar days of the mailing date of the decision.

Statement of Issues

1. The Referee misapplied Fla. Stat. § [____] to the established facts;
2. The Referee's findings of fact are not supported by competent, substantial evidence in the hearing record;
3. The Referee improperly placed the burden of proof on the claimant in a misconduct discharge case;
4. The Referee excluded relevant evidence or improperly admitted inadmissible hearsay;
5. The Referee denied claimant a fair hearing by [____].

Standard of Review

The RAAC reviews referee decisions on the record under a competent-substantial-evidence standard. Fla. Admin. Code R. 73B-22.

Brief on the Law

[Argument I — Heading]
[Argument II — Heading]
[Argument III — Heading]

Request for Oral Argument

☐ Claimant does not request oral argument (paper review is standard).
☐ Claimant requests oral argument because: [________________________________]

Signature

_______________________________
[Claimant or Representative]
Date: [__/__/____]

Part E — Judicial Review (Florida District Court of Appeal)

Forum

[____________] District Court of Appeal of Florida
(First DCA — Tallahassee; Second DCA — Lakeland; Third DCA — Miami; Fourth DCA — West Palm Beach; Fifth DCA — Daytona Beach; Sixth DCA — Lakeland)
(File in the DCA covering the claimant's home district; check Fla. R. App. P. 9.030)

Petition for Review — Contents (Fla. R. App. P. 9.110)

1. Caption — Claimant Petitioner; Reemployment Assistance Appeals Commission Respondent; employer as interested party
2. Jurisdiction — Fla. Stat. § 443.151(4)(e); Fla. R. App. P. 9.110
3. Procedural History — referee decision; RAAC final order
4. Standard of Review — competent-substantial-evidence (factual); de novo (legal)
5. Statement of Facts — citations to the agency record
6. Argument — preserved errors from RAAC appeal
7. Conclusion / Prayer — quash RAAC order; remand for award of benefits
8. Attachments — copy of final RAAC order; index to record

Deadline

• File within 30 days of rendition of the RAAC final order. Fla. R. App. P. 9.110(b).
• File the notice of appeal (petition for review) with the RAAC, not the DCA; serve a copy on the DCA clerk and pay the filing fee unless indigent (file Fla. R. App. P. 9.430 motion).
• A motion for rehearing before the RAAC tolls rendition; otherwise the 30-day clock runs from the date of the order.

Service

• Reemployment Assistance Appeals Commission, Caldwell Bldg., 107 E. Madison St., MSC 347, Tallahassee, FL 32399-4143
• Employer of record
• FloridaCommerce Office of General Counsel

Sources and References

• FloridaCommerce — File an Appeal: https://floridajobs.org/Reemployment-Assistance-Service-Center/reemployment-assistance/claimants/file-an-appeal
• Reemployment Assistance Appeals Commission: https://raaciap.floridajobs.org/
• Right to Appeal overview: https://floridajobs.org/Reemployment-Assistance-Service-Center/reemployment-assistance-appeals-commission/right-to-appeal
• Notice of Appeal Form A-100: https://floridajobs.org/docs/default-source/reemployment-assistance-center/unemployment/ra-forms/appeals/20240816_en_form-com_a100.pdf
• Reconnect portal: https://connect.myflorida.com/
• Fla. Stat. § 443.101 (disqualifications): http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0443/Sections/0443.101.html
• Fla. Stat. § 443.151 (procedure): http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0443/Sections/0443.151.html
• Fla. Stat. § 443.036(29) (definition of misconduct): http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0443/Sections/0443.036.html
• Fla. Admin. Code Chs. 73B-20, 73B-22 (appeals procedure)
• Cullen v. Neighborly Senior Servs., 775 So.2d 392 (Fla. 2d DCA 2000) — misconduct standard
• Uniweld Prods., Inc. v. Indus. Relations Comm'n, 277 So.2d 827 (Fla. 4th DCA 1973) — good-cause standard