After you win an appeal in Florida how long does it take to get your 1st check?

by Rachel
(Largo, Fl )

I have a unemployment appeal scheduled for May 13th. I know I'm going to win. Ive been claiming my weeks all this time since March 18th. I have two questions..
Will I get the full amount thats due since I started claiming the weeks? Also how long after I win the appeal will it take until I get my first check??


As long as the decision reverses the initial determination that denied benefits .. you'll get the benefits you should have been receiving all along.

How long? I don't know. I think it should be almost immediate .. as soon as their system is updated. Ask the State of Florida. Call the appeal office number on your hearing notice .. they'll know.

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did you win?
by: Anonymous

Did you win your appeal? If so I'm curious how long it took to get your back pay...


Me too!!
Chris

Decision length
by: Sara

How long did it take for a decision to be made as to whether you won the appeal or not. I had my hearing on June 10 and it has been over a week now... is this normal?


Hi Sara,

It usually takes about a week to ten days to get a hearing decision. If you don't have it by Monday, then you might consider calling the state to check on it.


waiting for a decision
by: Brian

I had my hearing at 9:00am JUNE 8th,2009 and i haven't got anthing in the mail or a phone stating if i won my unemployment yet and it, and today is JUNE 26th 2009? I've tryed calling EDD and the phone is busy or i get these stupid people that only take messages... what do i do????


Did you call the appeal office? I think you can find the number on the bottom left of your hearing notice.

still waiting
by: unemployed mom

i had and won my appeal on july 1st it is now the 19th i havent received any further notification or check since i guess i'll call that number off of the letter monday morning...

benfits
by: Anonymous

I received my appeal decision 7 days after the hearing, But since then i have not received any benefits and its been 9 days. so unsure of the wait after the hearing.


I think this is intolerable. Call the state.

still waiting
by: Anonymous

I won my appeal on june 9.Today is aug 3 and nothing,nada.
and claiming weeks like normal.



Won Appeal
by: 7-11 Sux

I had my hearing on Wednesday, July 29th, 2009. I checked the status on line the next day, (Thursday the 30th) and it was there. I won! I received the letter in the mail confirming the online status on Monday, Aug 3. Now I'm just waiting to see how long it will take for benefits to be paid out. Oh, I was also terminated. Obviously unfairly.





Hi 7-11 Sux,

Any chance you could provide others with a the address of the page where you check the status online?

Chris

Where to Check Online Status
by: 7-11 Sux

If you go to the AWI site and using the links on the left hand side of the page, you select the File Appeal Link. Even though you have already filed your appeal it will give you the option to check the status. There will be 6 options and it is the last option. You need to use your social security number and your pin and it will allow you access. I hope this helps.


Thanks 7-11, I'm sure it will. This thread seems to be one of the most consistently read questions on this website .. any info is good info:)

I won my appeal too
by: Anonymous

I've been meaning to post my own results but for those who were in my position.....I got a hearing scheduled 3 weeks to the day that I filed my appeal online. Once I had my telephone hearing, the results were posted on the website the next day stating that the original decision was revised. I was due 2-1/2 months of back pay and the full amount was in my bank 1 week after the referee's decision was posted. I hope this helps.

so i finally contacted someone
by: unemployed mom

guys there is an option in the contact page that will allow u to input ur contact info and within a couple of days almost like emailing them

Reversen Appeal Decision
by: Anonymous

I filed for an appeal which was schedueled for Sept. 22nd. On the 23rd I check the status by going to www.fluidnow.com select file an appeal and there's an option that allows you to do so. I won, the decision was reversed. Today is now the 28th and I still havn't recieved any payment. For those of you who are as impatient as me you can check if payment has been issued by going to the same site, select claim weeks, enter your claim information but at the end instead of claiming weeks you can select "get claim information". Hope this helps. Good luck!!

S.O.F. SUCKS
by: Anonymous

My husband won his appeal on the 23rd, it is now the 2nd and still no payment..... come on.... he has only waited 3 months, bills don't wait. this really sucks!!!



I'll second that!! May I suggest that you climb on top of a soapbox and start yelling about it to the responsible people.

Luis L
by: Anonymous

I also won my appeal on Sept 23. I called the Florida appeals office this morning and the lady said It can take 7-21 days for the referee decision to process. Today (Mon)I claimed my weeks and I was expecting to have my 11 weeks of back pay in my acct on thurs. Not sure if that's the case anymore.

Got it
by: Luis L

Just checked the the Fluidnow website claim info and it says a check for $3025 has been issued on 10/06. I won my appeal on 9/23, so it took around two weeks. I have direct deposit and the money isn't in my acct yet, but it should be there by thurs. It took 3 months two get the money and a week before I start my new job LOL. Better late then never I guess. Hope this info helps someone. BTW: I'm in Florida

Go to Local Office
by: Anonymous

I received my decision on Oct 7th with no information as to when i'd receive payments. went to local office on 14th was very nice and sweet to them, they released my money that day and today on the 16th i rcvd my first payment. no back pay was attached but i'll wait a bit longer if i don't rcv it within 3 weeks i'm going back to stand in line. I tried calling but they never answer so going in is the only option i had.

Florida The Right To Work State
by: Anonymous

Had to start a new claim after quitting a new job (6 days)I was on unemployment! Thats when problem started.Job was not suitable with my disability-knee injury.Found out after working for a slavedriver at resort,they did not use golf cart at all for maintenance dept,walk a 8hr day constant. Quit 7/5/09,did claim and had to wait 6 weeks for a phone interview that lasted 2 minutes and was extremely rude by interviewer.Determination came disqualified even after submitting Doctors reports and mri reports and handicap status.Did Appeal(another 5 weeks ater) and another phone hearing with attorney $550fee! Another rude arrogant referee of course,BUT OMG Decision REVERSED ! Ok that was 10/12/09 check yet ,No -Told another wait could be 21 days to process,well its been 4 months now without a check and they owe 13 weeks /$3900! The best is the manager appeared on phone hearing and this was not his chargeable account and tried to get me disqualified ,what a ass -bad karma to him,I will post update of resort and when I received my back pay !


I STRONGLY URGE ANYONE THAT IS HAVING TROUBLE GETTING THEIR RIGHTFUL BENEFIT PAYMENTS TO EMAIL YOUR REPRESENTATIVES, SENATORS, AND GOVENORS AND RAISE HELL. People, this is unacceptable!!!!

Florida has left 444.3 million dollars of stimulus money on the table .. because they refuse to modernize a couple statutes. I think your state government has lost it's marbles.

Florida Right to Work State UPDATE
by: Anonymous

Called AWI today after many attempts and was told it would take another 20 Days to process my Claim. This was a Appeal Determination I won decision on 10/12/09 ,FOUR months now without money thanks to the Great State of Fl,Heres the real 20 day hangup-read determination from referee REVERSED, but EMPLOYER again has 20 days to appeal File for review (unreal)this is likely the 20 day wait,In my case Employer was not the chargable account and this should not even be allowed to be appealed.Well if this manager appeals you guess it ,it will jam up my release of payment again,I do hear though that reviews seldom get reversed and employer would need to indicate how referee was in error in decision .Will update again because I know there are others in this bad situation like me needing info,WHAT AMERICAN FAMILY CAN GO 5 MONTHS WITHOUT A CHECK.

Florida rigth to work state re; more update
by: Anonymous

Here today again to blow off steam !!!! need to!! Update from above ,won appeal 10/12/09 my favor -decision reversed etc... Get check yet NO NO NO .
Owed now 13 weeks /$3900 Emailed twice and they called me only to say im not yet in system yet to release money,and could take up to 20 days from decision day etc... today 16 days now ,my attorney to call deputy clerk tomorrow to see why not in system ??,remember they say up yo 20 days ,guess i gotta wait the max .I would like to swear but Ill stay cool - will update

Florida Right to work update
by: Anonymous

See articles above for complete story.10/28/09 FIGHT FOR YOUR RIGHTS.10/12 won appeal no check issued still(but read on),owed 13 weeks ,Today 10/28 emailed inspector general on awi page of problem,attorney this afternoon called deputy clerks office and attorney also called local state senate reps office.Emailed Gov Crist office and Lt Gov office .Attorney aggreed 17 days after winning appeal and check is not in system to be processed is UNACCEPTABLE.!10/29 WOW results several phone calls from awi from higher ups RELEASING FUNDS !!!They released 10 weeks (owed 13 ) called rep,I have direct extension now and error will be taken care of, RESULTS!.Summary AWI sucks ,if you call 5 customer service persons you will get 5 different answers,arrogant,rude people to deal with .Four months without a check.Determination/appeals/and then fight to get your check.Florida sucks,thankyou and I hope info helps others in this issue .




Wow!! I so glad and it just goes to show you that tattling to the right place works.

Florida, left 444.3 million dollars on the table available to them by way of the stimulus .. which only required the legislators to "modernize" two or three elements of their unemployment system. They were afraid of how much more it would cost them down the road after the recessions ends?How about increasing the wage base
But guess what I do know. Unemployment departments are run on grants from the federal government. Those grants are funded by "federal unemployment tax" and those grants are based in part on a states "performance".

Florida has been performing very badly. My guess, if they could be fired for performance .. they would have been gone long ago for a "Neglect of Duties" reasonably owed to both the unemployed and the potential unemployed citizens of the State of Florida.



UPDATE of update above florida
by: Anonymous

Well I did get some checks this week at least and reinstated unemployment benefits after quitting and going into appeals for 4 months .The bad " A lost stimulus check for $220 " here we go again ,been 6 business days since issue mails out from Talahasee guess its lost ., making all contacts wait for reply - another battle ! isn't it funny checks get lost but not our bills !!



appeals commision
by: Anonymous

Hello! My question is that I had an appeal from my previous employer and a phone hearing. They won! So, I appealed it with the appeals commission and I just recently received a the form that you get asking you to claim your weeks in which I have been doing all along anyway. My question is why haven't I gotten a letter or anything about their decision and why did I receive this in the mail?


I do not know why you received your claim form in the mail.

How long ago did you file the appeal of the hearing decision?

You might find an answer here on this page .. they do have a FAQ

its not just appeals
by: nik

i was terminated on sept. 17, and filed my claim on the 18th. I just received my determination letter on the Nov.27th but i did not receive a check. On my account online it says 2 checks were issued on the 24th but i have yet to receive any. I have called to ask why did i receive my letter but no checks and they told me to hold a couple more days due to holidays, the checks are delayed! i don't know what is going on in fl but this is ridiculous. now remember mine was not a appeal, just an initial claim.


Hi Nik,

I could speculate that what is going on in Florida is that they are running out of money and they are so bound up in red tape .. they can't move.

I keep telling you all down there you need to contact your legislators .. they are the ones holding things up by dragging their feet to make changes to the existing statutes.

If they would hurry up .. they could get 444.3 million dollars to inject into there program.

Other states who couldn't get as much as Florida were all over ways to get more money.

Florida is still at the study stage.

UI Modernization Incentives Part of the 2009 Recovery and Reinvestment Act.

Nothing like wasting time .. or acting like change isn't urgent .. is there. I guess the powers that be don't feel the urgency when it comes to this like someone trying to live off the unemployment benefits they are entitled to .. but can't get from the state.

Ridiculous is an understatement. It is unconscionable.

re: appeals
by: Anonymous

I filed on November 12th. They state online that I am supposed to recieve a docket of some sort. I am just wondering if this could be good new's since this happened before when I first recieved my unemployment decision. They sent the form that they normally send requesting that you claim your weeks. I have claimed my weeks every time even though they won the last appeal I continued to claim my weeks because I know that my previous employer had a witness that lied under oath and I am going all the way with it even if it requires an attorney! It is all about principal now and they did me dirty. I honestly have no idea how people can keep their sanity thru all of this. It is so unfair and nobody should have to go thru this kind of treatment when we work so hard to do the right thing our whole life!

appeals
by: Anonymous

In Florida, If the State initially denied you benefits, they do not have to pay you until the 21st day after the appeals referee reversed the states decision in your favor. Your former employer or the State has 20 full days starting the day after the appeals referee made their ruling to file an appeal. If that 20th day lands on a saturday or sunday or holiday, they will have until the next business day to file. Your former employer or the State itself can appeal the appeals referee's decision to the Unemployment Appeals Commission, and if that happens, you will not be getting any money any time soon! See Florida Statutes 441.151

Hi Anonymous,

I think you mean 443.151

But as for payment of benefits under (5)B it's worthy to note that an "appeal" does not vacate a decision or give the state authority to hold up benefits until and if the board modifies, reverses, or amends the decision.

So maybe the state defines "prompt payment" after someone wins an appeal hearing for benefits as 20 or 21 days .. payment is not to be held up while an appeal is pending because an appeal itself does not vacate a decision.

And that is what they seem to be doing .. not promptly paying benefits after a decision is issued.

how long does it take to get your money after an appeal?
by: Anonymous

They say 21 days. But if you call the inspector general office they can push it through faster. I won my appeal on 12/24/09 and my first check on 1/5/09.


Of course they can. Before this recession, when unemployment rates were not in the double digits, waiting 21 days was the exception .. now it more like the rule.

Chris

An appeal
by: Anonymous

I filed an appeal regarding my unemployment. Because I was going to school they say I was restricting my job search hours. Due to pregnancy, I would not get hired, and decided to enroll in school. During my time at school, I have also been job searching. What do you think my outcome will be? I had an appeal hearing yesterday the 5th and am still awaiting a response.



Hi,

Is that what you told them? That you weren't searching for a job and decided to go to school because you were pregnant?

Additionally, I wouldn't feel comfortable venturing a guess unless I knew the hours that you are available for work and the hours you go to school, the hours you customarily work and whether you were able to prove that you were looking for suitable work or whether they asked if you were willing to give up school if a job came along and what you said to that.

Adding to "The Appeal"
by: Anonymous

I told them I was looking for work even though it was a challenge due to pregnancy. I gave them proof of some of the employers I was in contact with. In the fitness industry, which is the industry I was in before...the hours are not just nine to five. Giving me an opportunity to be able to search for work during out of the customary times. And I did tell them that I was willing to quit school at any time, if I could get employment.



Hi there,

And did you get benefits?

Adding to an appeal for a "claimant only" issue isn't a bad idea .. as long as you add the right info. In fact, I might tell someone what to add to any unemployment appeal letter after I've had a chance to talk with them.

In states that regularly issue redeterminations it actually may help to speed up receipt of benefits instead of waiting for a hearing.

But the practical wisdom of telling someone not to spew their guts in an appeal that will have both you and the employer present is so you don't provide info that could self disqualify or be used to disqualify you.

Modified, Unfavorable to Appeal
by: Referee's decision

This was the decision on the Blog Title "An Appeal".
It reads "Modified, Unfavorable to Appel"? What can this mean?


I have no idea what this comment references or who is asking, but an appeals referee can "affirm", "reverse" or "modify" in addition to revering or affirming.

Usually if they modify, they have changed the statute under which the initial determination was issued.

If you want me to review documents that is also possible.

Status; Modify-Unfavorable to Appel
by: Anonymous

Hey I also just had a hearing, with the same status. I haven't recieved any paperwork from unemployment yet and I was wondering what was the final outcome of your case and what did the status really mean.

Thank you in advance for your info and time

Status; Modify-Unfavorable to Appel
by: Anonymous

Hey I also just had a hearing, with the same status. I haven't recieved any paperwork from unemployment yet and I was wondering what was the final outcome of your case and what did the status really mean.

Thank you in advance for your info and time

Referee's Decision Result: Reversed
by: John Anonymous

This is one of the most helpful websites I've come across dealing with UC benefits for the state of Florida. I'm truly surprised at the lack of information out there, especially considering how important this information really is.

So, I had my appeal last Thursday, April 15. I haven't received the letter confirming nor denying my appeal yet but I was able to look on FluidNow and check the status of my appeal. For the Decision Information box, more specifically the "Referee's Decision Result" field it states "Reversed". Can I take this as my denial was reversed? Any help or response would be appreciated.

Thank you for the site.


-Lost in St Pete


Hi John Anonymous,

That is exactly what I would take it to mean.

Congratulations.

It never fails to amaze me the information a state promotes as the information you need to appeal.

It's pathetic .. in most states and Florida is downright awful.

If you need to collect unemployment .. it is not time to be guessin' and by gollyin'.


Totally stressed
by: Anonymous

I quit due to sexual harassment. I was approved and then an Appeal hearing and the referee reversed it because they say I didn't report it. I did report it to eeoc and my supervisor bit she denied it. Well I appealed with iac. Of course they lied. I am suing them. Why didn't the ref see that? I just don't get it??


Hi,

Neither do I .. but it seems an employer perjuring themselves would help you .. if you are suing them.

What does affirmed mean?
by: Anonymous

My husband rcvd an affirmed from the ref after a redetermination appeal, what does this mean, still waiting on letter
Thanks



Affirmed just means the original determination still stands .. because they agreed.

Impossible to receive unemployment in Florida
by: Maria

Hi,

My husband filed his claim June 22, 2010 - His case was on review until July 17, 2010 - then denied. Just filed the appeal on July 27th. He is already owed going on ten weeks. I have lost any hopes by now that we will ever receive that money. We have send letters, emails (with no response), even a letter to action line and nothing. In Florida even the media is corrupted. This is so frustrating.

won my appeal but employer filed a request
by: Anonymous

Hi=I recently won my appeal of my unemployment case!
Received all the money that was owed me.Today I received a notice that my former employer is requesting a review!Can they get another hearing?
They wrote 'the claimant was discharged for violating of a reasonable and known policy.The employer agent did not receive a copy of the hearing notice to foward to the employer. We are requesting a new hearing to present testimony in this matter'
The employer did not show up at the appeal hearing.Is this going to delay or stop any payments I am getting? And I thought if they did not show at the hearing they can not request another hearing.
Any info would be appreciated!




It can if the Florida appeal board or "review commission decides there is good cause to vacate the hearing decision and schedule another hearing.

If they do do this .. I would have, in my past life, been the one scrounging around for a POA to show the state that they made a mistake when they sent the hearing notice out to the wrong address .. therefore there is good cause for the non-appearance at the first hearing and should be allowed a chance to appear at a new hearing.

So they may "vacate" the favorable decision from the first hearing until a new hearing is scheduled, heard, and decided.


additional clarification regarding payment after winning appeal
by: Npilant

I just wanted to add additional clarification regarding the time period to receive a check. To add, it is 20 days following the mailing date of your decision letter, not the date of your hearing. This time period gives the commision additional time to review the appeal referees decision as well. Please see exerpt below from florida statute regarding unemployment compensation 443.151 Procedure concerning claims.."5.The parties must be notified promptly of the referee?s decision. The referee?s decision is final unless further review is initiated under paragraph (c) within 20 days after the date of mailing notice of the decision to the party?s last known address or, in lieu of mailing, within 20 days after the delivery of the notice.(c)Review by commission.?The commission may, on its own motion, within the time limit in paragraph (b), initiate a review of the decision of an appeals referee. The commission may also allow the Agency for Workforce Innovation or any adversely affected party entitled to notice of the decision to appeal the decision by filing an application within the time limit in paragraph (b)."Hope this helps everyone, it helped me.

appeal
by: Anonymous

if i won my appeal on the 14th of october when should i received my check?? its been since may 16!!!!

Can anyone recommend a good lawyer and desribe what goes on during the appeal?
by: NeedALawyer

Hi everyone,

My husband and I were let go( we worked for the same company) on September 21. We applied for unemployment the next day. We were both denied because the employer said we quit to relocate, which was untrue. They just cut us both from all of our shifts. We appealed the decision on November 7.

Can anyone recommend a lawyer for the appeal process
in Florida? How long after we file the appeal should the hearing be scheduled? What is the appeal hearing like? Are we on the phone with our employer?
Thank you.



Hi NeedALawyer,

It's Chris. I am currently working on finding low cost hearing representation such as attorneys and lay reps to refer people to .. not only because it's getting harder and to keep up with the service I offer, but because sometimes when a unemployed person becomes or is made aware of the need to represent themselves well at the hearing .. they just feel so intimidated by the process they don't think they can do this.

But in the meantime .. I can tell you a few things about the hearing and since FL thinks you quit .. the burden will be all yours to prove.

Florida primarily conducts phone hearings, so it is essential for anyone representing themselves to follow the instructions that are sent with hearing notices so that any supporting documentation or subpoenas for documentation or witnesses can be used for the hearing.

I would think you have something to prove. That you were in fact fired or laid off (not sure from your description of being cut from all shifts).

Yes, the employer will also receive the hearing notice and employers really do understand the importance of their participation in the hearing to avoid paying benefits and a few are even willing to perjure themselves by continuing the lie? they told to the unemployment claims department.

To find a lawyer in Florida for an unemployment hearing. I suggest asking google .. maybe something along the lines of "Florida unemployment lawyers".

I have a google search bar somewhere on a lot of different pages of this site.

Others will have to tell you how long it took for Florida to put their hearing on the docket.

When unemployment rates are normal .. I would tell you 4-6 weeks, but when it's high rates everywhere .. It's been proven to be much longer.

Denied unemployment because of a facebook comment.
by: MiMa

Hello. On Sept 9,2010 I was suspended for 'misconduct' during my suspension I was emailed my the owners son who works at the company on the 14th to tell me that I have been terminated because of my conduct and something I posted on my private facebook acct. When I was suspended I was given a warning and had to sign the warning. I did sign it and put I do not agree with what the document said. The posting I made on facebook was basically saying I was tired of my boss (owners daughter) and that I wanted to punch her. I filed for unemployment the day after I got the email and was denied. On the 10th of nov I had my appeal hearing. I think I did well and feel it's a 50/50 chance of me getting it. I still haven't rcvd anything by mail and when I check the status online there's nothing. What are the chances of me getting approved? If the ref denies it can I do another appeal? I am a single mother of an 11 month old and had to move out of my apt and back to my moms house. I'm desperate! Btw I was with the company for 3 yrs. I did was I had to which was go through my chain of commands to let them know the situation with the customer and they never did anything about it except tell me I need to deal with it and with the customer cuz he's giving the company money.

Recently on the news they were talkig about someone who got fired for something on facebook and she's now suing the company or something. Is this something I should consider doing? Thanks!





Is your Facebook accout really private?
by: Chris - Unemployment-tips

Here's what I think. For those who think Facebook, Twitter, or any social networking site is a private account .. I wonder why you think it is private since you have the ability to control who and what can be viewed by others on your pages. I think it is an is an evolving area of law including employment issues and by virtue of that .. unemployment issues.

In fact, I think facebook can actually extend the circle of workplace gossip and acts more like a public PA system .. since it's possible for friends of friends of friends to hearing what you say. The control is up to you if you don't want to be overheard.

I'm not a lawyer, so I can only suggest that anyone with this type of problem talk to a lawyer and check into the possibility of a lawsuit because I'm sure there are those out there that would want their name associated with a "landmark decision" of some kind.

In the meantime I can only WARN everyone to not write anything on a social networking site that they wouldn't say directly to their employer.

This is a matter of using good sense in all things and not doing things based on pure assumption or lack of a though about potential consequences.

Facebook just keeps popping up more and more and more as the reason for being fired both when I talk to people and when they post here on the website.

It is also the reason I suggest no one give their full name when they write a story submission or post a comment here because I have actually received emails from a few people that didn't get the job and have somehow learned that it was due to a background check which included an internet search for their name that revealed something the prospective employer didn't like that they posted.

The fact that I use the name Chris (almost my real name) was my initial hedge that anything I wrote on this site could make getting another job difficult .. or keeping a job difficult.

All I've got to say is thank goodness I can worry less about this now.

I would honestly be interested to know what your decisions says when you get it.

My thought is that you weren't denied because you expressed you annoyance .. but that you used the word "punch".

Facebook
by: MiMa

Ok so I got my results: reversed. From what I've read this means I am getting my unemployment and won the appeal right?
On the hearing I didn't deny that I posted that comment on facebook I let the ref know I did post it and it wa just beause I was angry. I was fired for the fb posting as well as misconduct with a customer who's a close family friend of the company owner and his kids. During the closing of the appeal both parties were told if we have any questions or comments as a closing. The employer said the problem with the customer is irrelevant to why I got fired and I disagreed and said it has eveything to do why I was fired. There were a few times when the employer lied and the ref caught on to it so yea kuddos to me for standing up for myself, telling the truth and winning my appeal!




That's terrific!! If, when you get your hearing decision in the mail and feel so inclined .. come back and tell us what it says exactly.

My thought is if more people were to read hearing decisions .. they would have a better understanding of what goes on at hearings .. and be more likely to think about preparing for one.


Hearing
by: Anonymous

I was recently terminated from coca cola for
Misconduct for sending an inappropriate email
To a friend at work. She got written up for
Texting and turned in my email to a supervisor. That
Was her retaliating on me and she did this to other
Employees. I got terminated for that incident and would never
Go against co. Policy...i thought she was a friend.
Lesson learned but they appealed my benefits...i had the interview and it got reversed!! I won!!

Here is a few tips:

If its misconduct it was an isolated incident and you
Didn't intentionally do what you did! Always tell them
You meant no harm...if you look up misconduct you
Have to something bad for the fl statues considers it misconduct

Good luck to all....still waiting on my check... And think of this when you get your money know that it will come when you need it most...bills are bills...your still alive and not in jail!!

See the gratitude in life!!!

I took a better job
by: Patrick

Hello everyone. I wanted to give you a heads up. My situation was that I quit my job and gave a two weeks notice and took a new job that I had lined up after quiting. I worked at my new job for 3 weeks before the funding was cut and I was let go. I filed for unemployment and was at first declined because I voluntarily quit and I did not make enough at the new job to qualify.
I appealed the decision. I hired a lawyer, who is awesome by the way. There was case law ( Rachel Lakey v. Cracker Barrel and Florida Unemployment Appeals Commission) that I was not ever unemployed between jobs and that I lost the job through no fault of my own. I also was attempting to take a job to better myself. The decision was reversed. I hope this helps someone out there. Good luck



Patrick,

I'm glad you found a awesome lawyer and I'm even more glad that you cited the case that helped you win. I'll look for it and try to make it a live link.

Thanks again Patrick for taking the time to share what we all should know .. including me:)

Chris

eligible awaiting qualification
by: injured nurse

I worked at one nursing home for a year. I was contacted by another nursing home that wanted to hire me. I gave two weeks notice and took the new job in June 2010. I've done a great job and my employer likes me. On nov 6th I fractured my ankle. I asked Human Resources if I could have light duty. They said only if injured on the job. I applied for UE. Nov 14 and have claimed my weeks since. I had surgery on Nov 19th. On Dec 6th my Doctor gave me a notice to return to work which I brought to my work. The same day a man from unemployment called me to ask if I asked for a leave of absence. I said no that I asked for light duty. He said you have to be able to work. I said I was. He said something about a voluntary quit due to health problems. I faxed him the note from the doctor stating I could return to work with frequent breaks and weight bearing as tolerated. I have not heard from work since. Unemployment told me I would get a decision letter in the mail in 5 to 7 days. On the 15th I called back and a Lady said "how's your health?". She said my case is still under investigation. I haven't pushed the issue of going back to work because it is still difficult for me to work. My immediate supervisor, who is a friend told me they filled my position. I am certain they could make another opening for me but since I have worked since 1977 I feel I am entitled to unemployment. Could anyone please tell me what they think of my situation.





Hi Injured Nurse,

You are asking this question in the wrong place. I ask that comments be restricted to the the original submission. But your question is a valid question .. so feel free to choose a more appropriate category.

Or, please use the search bar located on that page and search for things such as requesting a personal leave for medical reasons or FMLA .. because I have answered a ton of questions about this type of problem with unemployment.

Reversal Determination
by: Anonymous

I had my appeal yesterday the16th of December, The employer did not attend the phone call hearing. The referee said she would mail her decision on that day. Today on the FluidNow website, I checked the status of my appeal, it said it was reversed. Does this mean that I won? I called the unemployment office, they said they have had nothing in their computer yet. How come I can see the outcome and they cannot. This baffles me. So does anyone know if reversal means I won.
Please advise,

Thanks to all of you



Hi,

If it was your appeal because you were initially denied .. a reversal does mean you have now been approved for benefits, but I warn you, if the the employer did not attend .. there may have been a reason good enough that they will be allowed a reopening if they requested a postponement or possibly can prove they didn't receive the hearing notice.

Sorry, I just get a little nervous when I hear an employer didn't attend an appeal hearing ..

My former job regularly required me to request and was denied postponements for an employer and if it was an employee appeal. I was regularly denied the postponements too, but I knew if the request was based on a valid reason .. we could get it reopened.

Why didn't they seem to know anything when you called????

Your guess is as good as mine, but I will say .. it's Florida.

Chris

won my appeal too
by: charles

i won my apeall 7 days ago, and two days ago i emailed the people at UC claim and he emailed me today saying it was processed, i went online and sure enough its been issued today, so im guessing it'll be here in three days..

Hello Chris
by: Anonymous

In response to the hearing and the reversal determination, the employer not attending the phone nearby, I received my entire back pay benefits and my weekly benefits began again. Only a week after the appeal. Well now we are a ways from the 20 days that the employer can file a appeal, so feeling a little fortunate and blessed now



That's terrific!! That two comments in a row that I'm hoping means Florida has stopped delaying payment until the deadline for appeal has passed.

Chris

unreal incompetence...
by: waiting in Florida

Laid off in August... Filed for unemployment for the first time in my life (in the work force for over 40 years).

Florida automatically denied the claim stating that I had no wage proof since Feb. of 2009???

Had a lady from the state call and ask me to fax her copies of W-2s or paycheck stubs for all of 2009 to August 2010.

Faxed the items to the number given and it would never go through. Called her back at the office number she gave me four times in four days and she would never return my call.

Called the main number and the guy that I talked to stated to me that the Fax number I had been given had not been working for three months because the Fax Machine was broken. Gave me a different fax number.

Lady calls back again 14 days later and asks why I have not sent the fax? I explain that I had left 4 messages on her voice mail and faxed the documents to the number the guy had given me. She said that this was not her fax number and gave me the broken number again. I advised her that the guy told me that this fax had benn broken for months and she stated, "Oh, wow, that must be why I am not getting any faxes then huh."

Get a letter again denying my benefits.

File another appeal. Appeal phone hearing set for Dec. 22, 2010. Four Months since filing initial claim.


unreal incompetence...
by: waiting in Florida

Continued...

Phone hearing held and the employer does not call in. The "Referee" starts asking me questions and I am answering and he keeps referring to this document that they sent me. My fax that I sent in was 14 pages, including my W-2 from 2009 and all of my pay stubs for 2010. The guy says that he does not have that documentation (only the first and last page of my fax) and that it was my responsibility to have provided this information to him directly prior to the hearing.

I explain that I had faxed the document a total of 13 times to the FL UEC and that I could not believe that he was telling me this after asking me at the beginning of the call if "I was prepared for the hearing today?"

He states to me that he is the referee and will conduct the hearing in the manner that he determines.

I ask him (recorded and on the record), "For the Record Mr. XXXXXXX, is the FL UEC, with you as the referee and the states representative prepared for the case today?"

He starts SCREAMING into the phone "MR. XXXX! MR. XXXX! MR. XXXX! SHUT UP!" at the top of his lungs...

I then state, "I am sure glad that this is recorded."

He states, "I am ending this call and this hearing right now."

I immediately tell him that he is denying me my rights to an appeal, not prepared as the burden for the information that I sent to the state is on the state to maintain and have for the hearing... and that I want his Supervisor on the line or to call me back immediately as I am not the person being unprofessional and yelling at the top of my lungs.


unreal incompetence...
by: waiting in Florida

(still continued)

He then states to me that he is going to just postpone the call for 15 minutes and will call me back.

He calls back in 20 minutes and has pulled up the documents from the computer system. He asks me a series of questions about the documentation and then asks if there is anything else that I want to add.

I state a few more facts and then he tells me he can have no further contact with me after the termination of the call and that I will get the determination that he has made in the mail.

The call was terminated.

He calls back like 3 minutes later apologizing for the "Misunderstanding" and gives me the name, phone number and address of his supervisor. I ask him what happened to the "NO FURTHER CONTACT" after the termination of the call and he stutters and fumbles with no real answer.

I get a letter on Dec 27th, 2010 stating that he has overturned the denial and that I am eligible for all benefits.

I have yet to have that determination in my favor passed on to the powers that be or the system updated. That is a whole lot of back money owed and a whole lot of incompetence over there!

I did pass the information on my hearing on to his supervisor in the form of a letter and I requested a review of the tapes and a copy of the tapes as well for my records. (I was advised that this was public record).

I too agree that FL, as far as the UEC does not have its act together at all. They are all very unprofessional and someone wrote earlier that you call five different customer service folks there at there 800 number and get five different answers. I have found this to be so true as well!






Florida drives me nuts.
by: Chris - unemployment-tips.com

And it is these stories from people that seem to be consistent, that Florida drives me nuts

I recommend forgoing reporting things to "supervisors" and report all occurrences of questionable activity to the office that controls and audits the activities of FLUID or the "Agency of Workforce Innovation".

Florida's Attorney General

I remember someone I used to work with telling me about an adjudicator call (you know, the PHONE INTERVIEW) the person she spoke with told her they didn't know what they were doing. They also told her they had been brought in to cover an overflow of calls and that their regular job was working in some "parking lot".

This was some time ago .. and is strictly hearsay .. but hey, we all talked to state personnel on a daily basis ..

By way of everyday experience, I know that some hearing referees or whatever a state may call that person that presides over a hearing .. a certain number of them are dyed in the wool nut jobs and it doesn't matter what state we're talking about.

I never seems to matter how often a board of review slaps the hands of the nut jobs by reversing one of their decisions .. they continue to get away with what amounts to intentionally performing poorly or with bias.

There's a FL Court decision which raises concerns that the Florida commission has ignored court mandates.

If the big shots in the FL unemployment department ignore court mandates .. whose to say they don't somehow promote unspoken mandates to delay payment of benefits by whatever means necessary.

As far as I'm concerned, Florida's credibility as an impartial decider of facts for a federally mandated program, is shot.

Chris - unemployment-tips.com

PS, lots of people have told me that one call to the attorney general did the trick.

Unreal Incompetence - Update
by: Waiting In Florida

Here we are, Twenty days since the hearing and the date (according to the Referee's letter) that my appeal reversed the decision to deny my unemployment benefits.

NO BENEFITS... and when I call, I get a different answer from each person that I speak to.

Yesterday evening I did get them to admit that the information regarding my reversal was in the system but the guy said that it had not been updated on the "money" side of the "system".

I did contact the Attorney General's OIG office so we will see where that takes us or how this ends up.

So... I am just shy of five months in this process and it is unreal how antiquated the system is. Not to mention the fact that I have been employed all of my working life until now, and the one time that I need the assistance that has been paid into the entire time, it appears so out of reach!



Won appeal....
by: Julie in Pensacola

My employer, a payroll company that my REAL employer uses, terminated my company when I applied for unemployment during a temporary layoff.

My payroll company told UC that I "quit" - but I didn't. They are our PAYROLL COMPANY. Anyway, my appeal was this 5/24/11. My determination was "Reversed" the next day, I found out online - thus, I won. I found this out on fluidnow. My letter should be arriving shortly. My phone "interview", or hearing, only consisted of me. The robotic-like referee couldn't get ahold of my payroll company.

I am super-concerned as to when I will get my $ after reading this page. I am definitely calling whomever in the morning. FINGERS CROSSED!!!

There is a set amount of time
by: Anonymous

There is a set amount of time they have from the time of the reversal to the time that you get your first payment.

It will be in your letter and I think it is two weeks or 21 days(in business days). Like I wrote before your post it took forever.

Read you letter. If you have had nothing (checking your claim online) in the time specified call the Office of the Inspector General for the Unemployment Compensation. You will speak to the receptionist, explain your situation. She will take your info and then she will email and or call to check on your claim. Once that is done you will be amazed at the phone calls and movement that you will see over there!

Unemployment benefits stopped for quitting a job after a few days
by: Anonymous

hi, i wanted to find out if anyone could help me, i was getting unemployment and went to work for a company for a few days, and left due to the environment of the workplace, the supervisor was constantly swearing and yelling. The company was wa small owned company and didn't employ a lot of employees. Not to mention your worked 8 hours and only got 2 15 minute breaks. My question is, my unemployment was denied due to quitting this job, and I have appealed the decision due to it the hostile work environment. I also found out that the supervisor was fired a couple weeks ago. So, what I want to know if my hearing is scheduled on July 14th, if the employer doesn't call into the hearing, does that help my case out. One more thing, is the woman is related to one of my family members on the other side of her family, and she told everyone she hired me as a favor and thats it. The supervisor that got fired is the sister of the owner of the company, so I know that if the owner calls into the hearing that he has no idea of what's going on, due to he was never there at the business. Please help.




I think you need to cross your fingers that the employer doesn't show up and even then, understand that if they don't, you will still need to fulfill YOUR burden of proof at the hearing because you did voluntarily quit the job.

Once someone starts to receive unemployment benefits from the original separation from a job and future employment becomes the most recent work that now controls continuing benefits .. this include the facts surrounding the sep. from the most recent work.

The party that moves always has the burden to prove they had good cause to move.

Good cause, generally speaking requires the moving party to give the other side (be it the employer or employee) opportunity to correct what is leading the other to move.

So okay, your supervisor was a bully that yelled and used foul language .. and that could well be good cause, but I just don't see how you will prove it.

You haven't proven anything except you did tell me the "owner" of the "small" company won't know about the problem .. and that's what I would of made certain of .. if it had been me quitting.

The way I see this, if you testify truthfully, it doesn't matter if the employer shows up or not.

But it's not the employer that makes decisions .. it's the unemployment department holding your feet to the fire to prove.

And the break thing .. check the guidelines for the FLSA (fair labor standards act) Florida doesn't have a "dept of labor per say, so Federal Law is where you need to go to find out what is expected of employers when it comes to breaks.

Wage and Hour Division and the FLSA


Lost and confusef
by: Anonymous

Hi im hopeing someone could help or lead me in the right path I had quit my job due to they were unable to provide with part time even though before I left on maternity I was told that would not be a problem come back from maternity was unable to get part time due to I need to care for my kids and can not afford daycare .so I filed unemployment got denied appeal it got reversed but the problem is I stopped claiming week the end of may .but now I reopend the case to continuing fileing but now they tell me that this is a differebt case n that im might not get anything at all and I might have to appeal it again can someone help me .im going crazy

Appeal reversed and waiting/wondering
by: Anonymous

I had my telephone hearing a few weeks ago and have yet to receive any benefits. I read online that it may take up to 21 days but the company I worked for chose not to take part in the hearing and will not be appealing the decision. Who do I contact to expedite this process? This is the most frustrating thing that I have ever had to deal with. The UC phone is always busy and when I call other departments to try and get answers, no one can direct me in the right direction nor has any idea about anything. RIDICULOUS!




Try the Inspector General office if you are in Florida.

Appeals
by: Ashley

Hi

I had received a letter in the mail saying i was denied my benefits because i was fired, anyway i called my former employer and asked why i was denied and they told me they didn't deny it, that the state of florida denied it, so i appealed and had a hearing on 8/29/11 and my former employer did not join the hearing, is this a good thing for me??? I still havent heard anything yet just wanted to see what others thought my odds of winning are?

Thanks :)


Hi Ashley,

Other c an chime in, but as far as I'm concerned it's impossible to tell you anything about what your chances might be .. because I don't know what you did at the hearing.

Employer do not deny benefits .. States do though and they deny benefits even if an employer doesn't participate in a hearing when the claimant provides testimony that can be self-disqualifying.

So although I will say it's easier to get benefits if the employer doesn't show .. it's doesn't make winning a slam dunk.

Chris

Appealed and won
by: Yvette

I was fired after 2.7 years at my job as an apt manager because I could not come back after 6 weeks due to disablility from pregnancy I needed 8 weeks due to c-section and employer only wanted to give me 6, my company denied my fmla,terminated me then denied my unemployment benefits too and pretty much fought me tooth and nail every step of the way, so much in fact I filed a complaint with the EEOC on them.

I applied for benefits on 7.3.11 and was denied based on voluntary quit, I got that overturned and then the unemployment agency denied me too, I appealed and got my hearing on 9.2.11, that was overturned in my favor 9.4.11 and I finally checked the website today 9.13.11 and they issued my payment for 6 weeks on the 12th, it looks like once the case is closed the payments come pretty quick as they actually owed 8 weeks and they issued 2 more weeks later in the day.
The money has not hit my bank account yet, but it is a step in the right direction. Yea!!!!


wtf is taking so long and is there any legal action I can take?
by: Anonymous

I won an appeal on 9/22/2011 its now 10/31/2011 and not a letter or anything, every time I try and call these people I get disconnected or a run around story saying I should have my money any day now its processing? I started the process on 4/12/2011.





Did you not read my advice about contacting the FL attorney general's office as the only thing I know of to put a boot up the AWI's ass to prod them into action?

Chris

help please
by: Anonymous

Got a question I file for unemployment on 12/15/11 got a call from a lady pn 01/3/12 asking question about another employer who i work for at nite for 2.5 hrs. Somehow she misunderstood me saying I quit that job but im still there but I was filing for my fulltime job not my nite job so they denied me cuz they said i quit. I claims weeks but havent receive no momey from them but I didnt report the nite job earnings so I appeal what is my chances....for one i didnt commit fraud cuz they never sent me money and i didnt know i suppose unless it was fulltime im confuse tis is my first time filing and im 33




You'll need to appeal stating the determination is erroneous as you're still working there.

The reason they want to know about the part-time job is because quitting a part-time job after you lose a full-time one can bar you from collecting.

Also, the wages from the part-time job are included in the calculation of your weekly benefit amount.

However, I'm wondering how it is the FL AWI can issue that erroneous determination without also hearing from the employer that you quit.

You're either not telling me something .. or more likely, the AWI is desperate to deny and delay payment of benefits.

Which, would be in direct contradiction to what the federal government mandates.

please help
by: Anonymous

when i claim my weeks i didnt add my earnings but called them in at a later date but mind u i didnt receive money yet....they didnt contact that job at all to ask question they said i told the lady i started there 11/11/11 and quit 12/2/12 but i started working nite job 9/12/11 to present...i think she took the convo all out of content they mailed the determination paper to me and the employer yesterday employer call me today saying whats going on so they didnot contact until yesterday when they got the letter....thats the honest truth just waiting on a date for phone hearing


You need to write an appeal letter for the determination. I offer a basic unemployment appeal sample letter and try to explain why it should be simple and direct to get the job done it's meant to do.

You might also try to circumvent the need for an appeal by contacting the FLUID (that acronym always cracks me up .. should be FUDGE) and ask to speak to a supervisor or request a re-determination.

A letter from your part-time employer verifying the adjudicator got it wrong would be beneficial at this point.

how to check / and wait time
by: Anonymous

to check on your appeal go to fluidnow.com/appeals. this takes you right to the site to check. I waited about 10 days before I had an answer to my appeal - it was denied because the referee was (probably still is) an idiot. I appealed it to the UAC (here I definitely recommend getting an attorney), it took 90 days and one week to get an answer. It was remanded back to the referee for review as they said she had provided no evidence to substantiate her denial. Now I am waiting again. When I had called the UAC to find out when they would have an answer and told them I could be homeless before there was ever a decision. I was told that they don't really care about that. THIS IS THE PROBLEM PEOPLE - THE PEOPLE WHO ARE SUPPOSE TO BE "FOR THE THE PEOPLE AND BY THE PEOPLE" DON'T GIVE A DAMN. DAMN SHAME ISNT' IT. They are all selv-serving, egotistical, greedy bastards.






I for one wouldn't dare to argue with any of your reasoning, however I do take exception to the need for an attorney.

1. Florida doesn't require attorney representation when appeals are still within the administrative agency and ...

2. Attorneys charge too much anyway even if they do have experience in unemployment .. because they prefer the client on the other side of the table.


Timeline appeals . Florida
by: Anonymous

We are in January 2013 . Does any body know how long it is taking for a decision in the appeals cases.


How long have you been waiting .. is the question.
All states are supposed to comply with federal guidelines to resolve and issue appeal decisions .. therefore, I advise anyone that thinks they've been waiting too long to contact the FL inspector general's office as that is the office responsible for state agency compliance with federal guidance.

Timeline on payment after appeal hearing
by: Anonymous

I had my appeal hearing on January 23rd. Received the mailed decision on the 25th. Yesterday, the Fluid website updated processing back pay. Not in the bank yet - according to the information I have, it should be there tomorrow.

appeal process
by: Dan

I was originally denied benefits so I filed my appeal on 01/04/13. I had my appeal hearing 01/30/13 and the referees reversal decision was posted on the same day so I'm hoping that's a good sign that I'll receive my back pay fast also. But we will see.

Decision: Overturned
by: Popita

I got a letter for my hearing decision. It says: THE DETERMINATION IS OVERTURNED.
Can someone help me and tell me what does that mean?



What was the initial determination .. in other words had you been receiving benefits .. or was this your appeal?

Usually found at the end of the hearing decision it will state the new finding .. claimant is denied or claimant is now allowed benefits.

Chris

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