Frequently Asked Questions

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, or if you are an employer and have received a determination that a former employee is eligible for benefits or your tax account is affected by the claim, you may file an appeal online. The confirmation number you receive at the end of the process will be your proof of filing.

Other filing methods include writing the appeal on a letter or on the Notice of Appeal form provided in English, Spanish and Creole at which can be found in the Unemployment Compensation Forms Directory. Include the claimant’s name and last four digits of the Social Security Number and a brief statement about why you believe the determination is incorrect. Mail written appeals to:

Office of Appeals - MSC 347
107 E Madison Street
Tallahassee, FL 32399-4143

Instead of mailing, you may fax the appeal to (850) 921-3524. We encourage you to file appeals on our secure website because we receive them immediately and your information is safe. We do not accept appeals filed by telephone or e-mail to help protect you against identity theft.

An appeal must be filed within 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.

Yes. If you filed your appeal on the website, the case status will be available on the website the next day.  After reading the available options on the first page, click Continue, then select Check Status of a Case and follow the prompts. If you filed your appeal by mail or by fax, the case status will usually be available online about one week later.

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.

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.

A copy of the documents available to the appeals referee will be enclosed with the Notice of Telephone Hearing. Review and have these documents with you during the hearing. If you wish to have other documents considered, you must mail a copy to the appeals referee and all addresses shown on the Notice of Telephone Hearing, even if you previously provided the documents.

The appeals referee will call you at the telephone number shown on the Notice of Telephone Hearing. If you wish to be called at a different number for the hearing, you may provide the number online or notify the deputy clerk whose name, address, and telephone number appear on the Notice of Telephone Hearing.

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. If the employer loses, the employer's tax rate may be adversely affected for the next three years. Reimbursable employers who lose a case must repay the Unemployment Compensation Trust Fund for any benefits paid to the claimant involved.

You may request a postponement if there is a compelling reason why you cannot participate as scheduled. The request can be made in writing before the hearing or on the record during the hearing. Include the reason you cannot participate and what, if any, attempts you made to re-arrange your schedule so you could participate. The referee will let you know if the request is granted. If a reply is not received, assume the request was denied. Be available for the hearing and prepared to present your case.

If you filed the appeal and do not participate, your case will be dismissed.

If the party who filed the appeal participates, a hearing will be held. The decision will be based on the evidence presented. If you don’t participate, your information will not be considered.

Most hearings are finished in less than an hour; however, hearings with complex issues or several witnesses may last longer.

Yes. The appeals referee will ask questions about the issue and provide an opportunity for you to add your own comments and evidence.

There are further appeal rights if a party disagrees with the referee’s decision. If a second level appeal is filed, the Unemployment Appeals Commission needs the hearing recording to conduct its review.

A hearing was scheduled because a department determination on benefit payments was appealed. Participating in the hearing is important, even if the other party filed the appeal.

You have the right to

• 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

The appeals referee assigned to the case will:

• Electronically record the hearing
• Explain the issues, purpose of the hearing, order of testimony, and other procedures
• Identify the determination on appeal and make known the contents of the case file
• Place all witnesses under oath or affirmation
• Question parties and witnesses to obtain the facts
• Assist parties as they question witnesses
• Determine if testimony and documents being offered should be received and considered

Contact and ask the witness to testify. The best witness is one who was present and has personal knowledge of the facts. A witness who was present at an event is much better than one who was told about it by someone else. If possible, you and your witness(es) should be at the same location for the hearing. If a witness cannot be at your location and must be contacted at a different telephone number, provide the witness’s name and telephone number to the deputy clerk whose name and telephone number appear on the Notice of Telephone Hearing. Instruct the witness to be available at the scheduled hearing time and to remain available until dismissed by you or the appeals referee. The referee cannot call your witnesses before or after the hearing, only during the hearing, so that all parties will hear what the witness has to say and have a chance to ask questions about the testimony. You may add your witness’ name and telephone number online.

If a witness refuses to testify voluntarily, you can request a subpoena by writing to the address on the Notice of Telephone Hearing. Mail or fax the request as soon as possible, so the subpoena can be served before the hearing. Include the case docket number, the witness’ name, address, and telephone number (if available), as well as a detailed description of any document(s) the witness should provide for the hearing.

If you missed a hearing for a necessary, compelling reason, you may request re-opening within 20 calendar days after the decision was mailed. Instructions will be included on the decision. Any request for rehearing must be filed online, or by mailing or faxing a written request to the address or fax number on the Notice of Telephone Hearing or Decision. No other methods are permitted. Include the docket number or the last four digits of the claimant’s Social Security Number and the reason for not attending. Only compelling and necessary reasons constitute good cause. If a rehearing request is granted, you must present evidence of good cause at the new hearing and show due diligence in trying to rearrange your schedule or requesting postponement. If good cause is not shown, the prior decision will be reinstated.

The best evidence is testimony from a person who was present at an event and can answer specific questions about what happened. Claimants almost always have first-hand knowledge of the events. Employers should choose witnesses carefully to ensure competent evidence is presented. Hearsay evidence may support a finding of fact if it meets the statutory requirements set forth in 443.151(4)(b)5, Florida Statutes. If the hearsay evidence does not meet the statutory requirements, then the evidence may qualify as an exception under the hearsay rule (see Chapter 90, F.S.).

To have documents considered, mail, fax, or deliver a copy of each to the Appeals Office and all addresses on the hearing notice, before the hearing date. Do this even if you previously submitted the document to the agency. Only documents received by the hearing officer and all parties can be considered, unless the right to view the documents is waived. All evidence becomes public record when the hearing is convened.

Often, documents and affidavits are hearsay and not sufficient to prove what occurred. An employer who must rely on business records should provide a witness who can testify how the records were prepared and vouch for their authenticity. Unless it meets the statutory requirement set forth under 443.151(4)(b)5, Florida Statutes, or qualifies as an exception to the hearsay rule (See Chapter 90, Florida Statutes), such evidence cannot be used as the sole basis for a finding of fact. Once the hearing is closed, no additional evidence will be accepted.

Professional representation is not required and most people represent themselves at unemployment hearings. You have the right to be represented by an attorney or authorized representative at your own expense. Fees for representing a claimant must be approved by the appeals referee, but paid by the claimant. Legal representation may be available through a local Legal Aid Office at reduced or no cost for low-income claimants. For information about hiring an attorney, contact the Florida Bar Association toll-free at 1-800-342-8011. If you hire an attorney or authorize someone to represent you, provide the person’s name, address, and telephone number to the Appeals Office to ensure all notices are sent to that person.

The hearing will be in English. Translation will be arranged for claimants who indicate a primary language other than English when filing for benefits. If a translator is needed and the Notice of Telephone Hearing does not say a translator was arranged, have the deputy clerk contacted at once to advise what language is needed so translation arrangements can be made. The deputy clerk’s telephone number is on the Notice of Telephone Hearing.

The appeals referee is required by law to be impartial and issue a decision based on competent evidence. The appeals referee is responsible for conducting a fair hearing, questioning the witnesses, and protecting the basic rights of each party. The appeals referee cannot discuss the case with any party before or after the hearing.

A decision will be mailed to all parties as soon as possible after the hearing. The decision will include findings of fact, conclusions of law, and the result, which will affirm, reverse, or modify the determination or dismiss the appeal.

If you disagree with the referee’s decision, follow the directions on the decision to request review of the case by the Unemployment Appeals Commission (UAC). Any request for review must be filed within 20 calendar days after the decision was mailed. The UAC will not hold another hearing; its decision will be based on the testimony and other evidence presented to the referee and how the referee used that evidence to reach a decision. Therefore, presenting all of your evidence at the hearing is very important.

Upon completing its review, the UAC will mail a written order to all parties which may affirm or reverse the decision or send the case back to Appeals for another hearing if a significant error occurred. You can file a request for review by mail to:

Unemployment Appeals Commission
Suite 101, Rhyne Building
2740 Centerview Drive
Tallahassee, FL 32399-4151

You may fax a written request for review to 850-488-2123 or file the request for review online at https://www.uac.fl.gov/Appeal.aspx. If mailed, the postmark date will be the filing date. If faxed, hand-delivered, delivered by courier service other than the United States Postal Service, or submitted via the Internet, the date of receipt will be the filing date. To avoid delay, include the docket number and the last four digits of the claimant’s Social Security Number.

Commission Orders include information for filing appeals to the appropriate Florida District Court of Appeal.

No. Except for the claimant's Social Security number, appeal information becomes public record when the hearing is convened.

You may withdraw your appeal by mail or fax to the Appeals Office address or fax number on the Notice of Telephone Hearing or to: Office of Appeals; MSC 347; 107 E Madison Street; Tallahassee FL 32399-4143. Include the last four digits of the claimant's Social Security number and docket number. In most situations, a withdrawn appeal cannot be reopened.

If the appeal does not appear to have been filed within the time allowed by law, the referee will first take evidence on the timeliness of the appeal. If timeliness is listed as an issue, testimony from the person(s) who received the determination and filed the appeal would be important. The case will be dismissed without competent evidence of timely filing.

If the issue is whether you were able and available for work, send a copy of your work search contact sheets to the Appeals Office before the hearing. Include each job contact date and method, as well as each employer contact’s name and address. If you don’t have time to mail the work search contact sheet, have the information available at the hearing so that you can provide specific information to the appeals referee.

Information about the appeals process, law, regulations, and resources can be found online. The address, telephone, and fax numbers of the Appeals Office where your case was assigned is shown on the Notice of Telephone Hearing, as well as the name of the deputy clerk who can be contacted to provide your telephone number for the hearing or receive information. A complete list of Appeals Offices is shown on the last page of this pamphlet. Include the docket number or the last four digits of the claimant’s Social Security Number on all correspondence.