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Notice of Determination for unemployment benefits

by cheryl
(orlando, fl )

I am also confused on what I just received in the mail... Section 1 the Notice of Determination states that the claimant was discharged for failing to meet the employer's job performance requirements. No information has been submitted which substantiates misconduct. Section II states in the accordance with Section 443 Florida statues benefits are payable because the discharge was for reason other than misconduct connected with the work. Any benefits received for which you were not entitled are overpayments and subject to recovery. (just received check today from unemployment) Section II Employer chargeability. The employer is not chargeable since the employment was not in the base period. I was on the job for almost two years. The goes onto say that this determination will be final unless an appeal is filed within 20 calendar days. Does letter mean that the employer is denying unemployemnt? Do I need to file an appeal? Please provide your thoughts.

Thank you

Hi Cheryl,

No, it is not you who needs to file an appeal .. it is the employer who would file an appeal on the determination.

Although .. I'm with you .. I do not understand why, if you have worked for this specific employer for two years why the state has said they are not a base period employer ..

The overpayment part means .. that if the employer appeals and the determination allowing benefits is reversed to a disqualification at a hearing .. any benefits you receive up until that point in time are subject to you being required to repay the benefits you have received.

Keep your fingers crossed the employer doesn't appeal and if they do .. prepare yourself for that hearing to show their was no intentional misconduct involved on your part.

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