How Can Florida Unemployment Lawyers Help?

In Florida, the concept of unemployment is governed by Chapter 443 of the Florida Statutes, which outlines eligibility for Reemployment Assistance and the state’s version of unemployment benefits.

An individual is considered unemployed during any week in which they perform no services and earn no income, or if they work part time and their earnings fall below a certain threshold relative to their weekly benefit amount (“WBA”).

Florida allows individuals to earn limited income while still qualifying for benefits. Specifically, if a claimant earns less than their WBA, they may still be eligible for partial unemployment benefits. The state will deduct a portion of the earnings, which typically reduces benefits dollar-for-dollar after a small earnings disregard. This ensures that part-time workers or those with reduced hours are not automatically disqualified.

The law also recognizes certain exceptions. For example, individuals participating in approved training programs or fulfilling civic duties like jury service may still be eligible for benefits. Additionally, the term wages under Florida law include compensation for services performed, whether as an employee or independent contractor, but exclude specific types of military-related payments, as defined in Florida Statutes Section 443.036(45).

This flexible definition ensures that temporary or partial employment does not automatically disqualify someone from receiving assistance, as long as they meet the broader eligibility criteria under Section 443.091.

What Does an Unemployment Lawyer Do in Florida?

In Florida, unemployment lawyers assist individuals in navigating the often complex process of applying for and securing Reemployment Assistance benefits, the state’s version of unemployment benefits and insurance.

Although no single statute defines their role, their work is grounded in Chapter 443 of the Florida Statutes, which governs eligibility, disqualification, and appeals procedures. These legal professionals help clients determine whether they meet the eligibility criteria under Section 443.091, assist with filing claims through the Florida Department of Economic Opportunity (“DEO”).

Additionally, they also represent claimants in appeals if benefits are denied. They also help identify whether a denial stems from employer misstatements, procedural errors, or disqualifying conduct such as voluntary resignation or misconduct, as outlined in Section 443.101.

In addition to benefit-related matters, Florida unemployment lawyers often assess whether a client’s job loss may support other legal claims, such as wrongful termination, retaliation, or wage violations under state or federal law.

Having an attorney can strengthen the client’s position in an unemployment benefits denial appeal. As such, it is recommended to set up a legal consultation in Florida with Florida lawyers experienced in unemployment law.

What Types of Services Do Unemployment Law Attorneys Provide in Florida?

In Florida, unemployment attorneys provide a broad range of services to help individuals apply for and protect their Reemployment Assistance benefits, which are governed by Chapter 443 of the Florida Statutes.

Examples of common services Florida unemployment attorneys offer include, but are not limited to:

• Filing Initial Claims: Helping clients complete and submit accurate applications through the Florida Department of Economic Opportunity, ensuring eligibility requirements under Section 443.091 are met
• Appeals Representation: Advocating for clients during appeals hearings before the Office of Appeals or the Reemployment Assistance Appeals Commission, particularly when benefits are denied or challenged by an employer
• Worker Classification Disputes: Assisting individuals who were misclassified as independent contractors rather than employees, which can impact benefit eligibility under Florida law
• Overpayment and Fraud Defense: Representing claimants accused of receiving excess benefits or making false statements, which may lead to penalties under Section 443.071
• Eligibility Analysis: Advising clients on whether their separation from employment, such as quitting for good cause or being discharged for alleged misconduct, meets the legal standards for benefits under Section 443.101
• Resolving Delays and Errors: Intervening when administrative mistakes or system issues delay benefit payments or disrupt access to funds
• Related Employment Law Claims: Identifying potential claims for wrongful termination, retaliation, or wage violations that may support or strengthen a client’s unemployment case

What Are Some Common Types of Unemployment Disputes?

In Florida, unemployment benefit disputes often arise when there’s a disagreement between a claimant and the Department of Commerce or an employer regarding eligibility for Reemployment Assistance, as governed by Chapter 443, Florida Statutes.

Below are some of the most common types of unemployment disputes:

• Misconduct Allegations: If a claimant is terminated for alleged misconduct, such as insubordination, theft, or chronic tardiness, they may be disqualified under Section 443.101(1)(a)
  • Claimants are able to challenge whether the conduct meets Florida’s legal definition of misconduct, but doing so requires a willful or deliberate disregard of the employer’s interests
• Voluntary Quit: Benefits may be denied if the claimant voluntarily left their job without good cause attributable to the employer, as outlined in Section 443.101(1)(a)
  • These disputes often focus on whether the resignation was due to unsafe working conditions, harassment, or significant changes in job duties
• Wage or Work History Disputes: Eligibility depends on meeting minimum earnings during the base period and disagreements may arise if the employer underreported wages or if the claimant needs to prove additional qualifying employment
• Employee vs. Independent Contractor Classification: Workers misclassified as independent contractors may be denied benefits
  • Florida uses a common law test under Section 443.1216(1)(a) in order to determine whether a worker is truly an employee, focusing on the degree of control the employer has over the work
• Overpayment and Fraud Accusations: If the Department determines that a claimant received benefits they weren’t entitled to, whether due to error or alleged misrepresentation, then it may issue an overpayment notice under Section 443.151(6)
  • Claimants can appeal and may request a waiver if the overpayment was not their fault and repayment would be unfair
• Availability and Work Search Issues: Claimants must be able and available for work and actively seeking employment, per Section 443.091(1)(c) and disputes may arise if the Department believes the claimant failed to meet these requirements or did not properly document job search efforts

How Are Unemployment Disputes Resolved?

In Florida, resolving unemployment benefit disputes follows a structured appeals process designed to protect the rights of both claimants and employers. When the Department of Commerce issues a determination denying Reemployment Assistance benefits, the claimant has the right to challenge that decision under Florida Statutes Section 443.151.

The following is a general overview of Florida’s dispute resolution process:

• Initial Determination: First, the Department issues a written notice explaining the reason for denial or disqualification of benefits
• First-Level Appeal:
  • The claimant must then file a written appeal within 20 calendar days of the determination date
  • Appeals can be submitted online through CONNECT, by mail, or by fax
  • If accepted, a hearing is scheduled with an appeals referee, who conducts the hearing by phone, reviews evidence, and issues a written decision
• Second-Level Appeal:
  • If either party disagrees with the referee’s decision, they may request review by the Reemployment Assistance
  • Appeals Commission
  • The Commission does not hold a new hearing but reviews the record and written arguments before issuing a final order
• Judicial Review:
  • A party dissatisfied with the Commission’s decision may seek judicial review by filing a petition for review with the appropriate Florida District Court of Appeal within 30 days of the final order

Should I Hire an Unemployment Law Attorney for My Case in Florida?

If you are having any legal issues regarding applying for unemployment benefits, or if your benefits are being denied, then it is recommended to consult with an experienced Florida employment lawyer. LegalMatch can assist you with locating an employment lawyer who handles unemployment cases, including handling the appeals process.

A lawyer will know how to navigate the legal system, meet critical deadlines, and help build a strong case on your behalf. Even though simple unemployment claims might not require legal help, an experienced lawyer can boost your odds of getting the benefits you’re entitled to when the case becomes complicated or requires a knowledge of civil procedure. They can also represent you at any in person hearing.