Agency
for Workforce
Innovation
(AWI)
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the
performance of their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
ABOUT US
The Agency for Workforce Innovation
is Florida’s lead state workforce
agency and directly administers the
State’s labor Market Statistics
Program, Unemployment
Compensation, Early Learning and
various workforce development
programs.
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
MISSION & CORE VALUES
MISSION
Advance the
economic wellbeing and selfsufficiency of all
Floridians through
premier early
learning and
workforce services.
CORE VALUES
Service
Innovation
Excellence
Integrity
Accountability
Collaboration
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
AGENCY PRIMARY
AREAS
This Agency is divided into three primary
areas:
– Early Learning: AWI's Office of Early Learning is
responsible for implementation of the state's Child
Care Resource and Referral, School Readiness, and
Voluntary Prekindergarten (VPK) programs.
– Workforce Services: AWI is the Governor’s Agency
for disbursement of federal workforce funds.
Florida’s workforce system ensures that Florida’s
businesses can hire the well-trained workers they
need.
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
AGENCY PRIMARY
AREAS
Unemployment Compensation:
Through the unemployment
Insurance program, AWI provides
temporary wage replacement
benefits to those who have lost
their job through no fault of their
own.
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
Question:
Did the
individual
work and
earn
sufficient
wages to
be
monetarily
eligible?
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
WAGE TRANSCRIPT &
DETERMINATION
 The Wage Transcript & Determination
notice is mailed to the claimant within 7
to 14 days of filing the initial claim.
 The transcript ONLY shows the
claimant’s monetary eligibility status.
 The claimant may be disqualified from
receiving UC benefits for other reasons.
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
This document contains information that is
confidential under sections 443.171(5) and
443.1715, F.S. This information is available
only to public employees in the performance
of their public duties. Anyone receiving this
information that violates these provisions is
punishable under sections 775.082 or
775.083, F.S.
WAGES SHOWING ON THE
WAGE TRANSCRIPT
INCLUDED
NOT INCLUDED
Will automatically show
Wages earned in
covered employment
such as:
– Private Sector
companies
– Public Government
Agencies
Will not automatically
show
Federal or Military
Out of State
Self-employment,
Independent
Contractor, Non-profit
Organizations
Most Churches
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
BASE PERIOD
The base period is the first 4 out of the last 5 completed calendar
quarters leading up to the effective date of the claim
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
MONETARY REQUIREMENTS
Wages in two or more calendar quarters
within the base period.
Total of wages within the Base Period
must be more than $3,400.
Total base period wages must be at least
1 and 1/2 times the wages in the quarter
having the highest earnings.
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
BD11 SCREEN
WAGES IN TWO
OR MORE
CALENDAR
QTRS. IN THE
BASE PERIOD
HIGHEST QTR
EARNINGS (4TH
QTR 2009)
$8,107 X 1.5 =
$12,160.50
TOTAL WAGES
$29,824.95
CLAIMANT
EARNED
MORE THAN
$3,400 IN THE
BASE
PERIOD
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
AVAILABLE CREDITS (AC)
 The Available Credit is the maximum amount of
regular UC benefits a claimant can receive within
a Benefit Year (52 week period from the effective
date of the claim).
 Divide the total credits within the base period by
4 (25% percent).
 The minimum Available Credits is $850.
 The maximum Available Credits is $7150.
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
WEEKLY BENEFIT AMOUNT
(WBA)
 Divide the highest quarter within the
base period by 26.
 The minimum Weekly Benefit Amount is
$32.
 The maximum Weekly Benefit Amount is
$275.
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
BD11 SCREEN
WEEKLY
BENEFIT
AMOUNT:
HIGHEST QTR ÷
26
$8107 ÷ 26 =
$311 (however
the max is $275
for Florida)
AVAILABLE
CREDIT: TOTAL
CREDITS ÷ 4
$29,824.95 ÷ 4 =
$7,456.24
(however the
max is $7,150
for Florida)
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
BH10 SCREEN
WS= 2: RECOMMENDED WORK SEARCH
PER WEEK
WW= Y: WAITING WEEK SERVED
PT=W: PAYMENT TYPE
JOHN DOE: CLMT’S
NAME
123 SMALL DISNEY DR
WALT DISNEY FL
12345: CLMT’S
ADDRESS
PHONE= 123-456-7890:
CLMT’S PHONE
NUMBER
DOB= 11/17/73:
CLMT’S DATE OF
BIRTH
WBA= $275 CLMT’S
WEEKLY BENEFIT
AMOUNT
BYB= 08/01/10: EFFECTIVE DATE
ERP= 06 01: ELIGIBILITY REVIEW
PROGRAM
LO= 3677-0: COST CENTER
ID= M/1/1:
SEX/RACE/ETHNICITY
FD= U: FUND CODE
CERT ISS= 12/06/10:
DATE LAST
CERTIFICATION
NOTICE MAILED TO
THE CLMT
AC= $7150 CLMT’S
AVAILABLE CREDIT
BAL= $2475 CLMT’S
CURRENT CLAIM
BALANCE
PCW= 12/04/10: MOST RECENT WEEK
CLAIMED
DET= 08/03/10
DATE OF LAST
MONETARY
DETERMINATION
WKS= 12/11/10 12/18/10: NEXT WEEKS
TO CLAIM
FILED= 08/03/10: DATE CLAIM WAS
FILED
MC= V: MAIL CLAIM SWITCH
IT= N: INCOME TAX
ThisThis
document
contains
information
thatthat
is confidential
under
sections
443.171(5)
andand
443.1715,
F.S.F.S.
ThisThis
information
is available
onlyonly
to public
employees
in the
performance
of of
document
contains
information
is confidential
under
sections
443.171(5)
443.1715,
information
is available
to public
employees
in the
performance
theirtheir
public
duties.
Anyone
receiving
thisthis
information
thatthat
violates
these
provisions
is punishable
under
sections
775.082
or 775.083,
F.S.F.S.
public
duties.
Anyone
receiving
information
violates
these
provisions
is punishable
under
sections
775.082
or 775.083,
Question:
Why is the
individual
unemployed?
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
ADJUDICATION
PROCESS

After an application is filed, the employer(s) are
mailed a form UCB-412 for separation information.

The information is “reviewed” and if additional
information is needed , the claimant and/or
employer are contacted accordingly.
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
HOW TO READ THE
DETERMINATION

The BQ01 screen is used to review the
determination made by the adjudicator.

1-XX-XXXXXX is a payable determination.

2-XX-XXXXXX is a non-payable determination.
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
BQ01 SCREEN
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
BQ01 SCREEN
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
Question:
What is the
current status
of the
individual in
terms of his
ability &
availability to
work?
01DIS
02ROW
08VOL
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
WHAT ARE POTENTIAL
ISSUE FLAGS?
Potential issue flags are added on a
claim to signal to different departments
that additional information must be
obtained or verified before any
payments or additional payments can be
made.
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
HOW ARE POTENTIAL ISSUE
FLAGS ADDED TO A CLAIM?
Claimant – The claimant may trigger the system to add potential issue
flags on their claim while entering information on the
FLUID site or while entering information using the IVR
system. This action will occur during the initial or
continued claims process.
Agent – An agent can add a potential issue flag on the claim during the
continued claims process using the computer transaction BQ41.
 Note: During the continued claims process, it is imperative that
our agents listen to the claimant and indicate any potential issues.
Computer – The system may place a potential issue flag on a claim
when it transitions from one claim to another.
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
BQ41 SCREEN
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
BH10 SCREEN
ThisThis
document
contains
information
thatthat
is confidential
under
sections
443.171(5)
andand
443.1715,
F.S.F.S.
ThisThis
information
is available
onlyonly
to public
employees
in the
performance
of of
document
contains
information
is confidential
under
sections
443.171(5)
443.1715,
information
is available
to public
employees
in the
performance
theirtheir
public
duties.
Anyone
receiving
thisthis
information
thatthat
violates
these
provisions
is punishable
under
sections
775.082
or 775.083,
F.S.F.S.
public
duties.
Anyone
receiving
information
violates
these
provisions
is punishable
under
sections
775.082
or 775.083,
COMMON POTENTIAL ISSUE
FLAGS
05GEN
02ROW
Availability
Issue
06ADR
Refused offer of
work Issue
09SEP
Job Separation
Issue
Address
change Issue
09RTW
Return to
Work Issue
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
COMMON POTENTIAL ISSUE
FLAGS
ADJUDICATION ISSUES
– These issues are handle by the adjudication offices. The
adjudicator will complete a review and render a
determination whether the claimant will receive the
benefits or not. Once this determination is entered the
potential issue flag will be removed.
– These issues can be divided by categories such as:
JOB SEPARATION
AVAILABILITY
MISCELLANOUS
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
COMMON POTENTIAL ISSUE FLAGS
(AGENTS ARE NOT AUTHORIZED TO DELETE)
JOB SEPARATION ISSUES
01DIS
09LOA
Discharge
Issue
Leave of
Absence
Issue
08VOL
Voluntary
Quit
Issue
03LDS
Labor
Dispute
Issue
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
COMMON POTENTIAL ISSUE FLAGS
(AGENTS ARE NOT AUTHORIZED TO DELETE)
AVAILABILITY ISSUES
05SCH
05TRV
05HTH
School
Issue
Travel
Issue
Health
Issue
05PRG
Pregnancy
Issue
05SIF / 05INC
Stop Inmate
Fraud/
Incarceration
Issues
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
COMMON POTENTIAL ISSUE FLAGS
(AGENTS ARE NOT AUTHORIZED TO DELETE)
MISCELLANOUS ISSUES
09ARN
New Hire
Issue
09BTD
Between
Terms
Denial
Issue
09SEM
04WLN
SelfEmployment
Issue
04RET
Receiving
Retirement
Issue
Wages in Lieu of
Notice
Issue
09WCP
Worker’s
Compensation
Issue
09VHP
Vacation/
Holiday
Pay
Issue
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
Question:
What happens
if an involved
party
disagrees with
the
determination
made?
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
APPEAL RIGHTS
A claimant who disagrees with an
unfavorable determination has the right
to request an appeal.
If the determination permits payment of
benefits, a former employer may be able
to file an appeal also.
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
HOW TO FILE AN APPEAL
Online: www.floridajobs.org/appeals
Mail/Fax: A letter (or the Notice of Appeals form) may be
submitted via mail or fax.
The request must include the claimant’s name, social security
number and a brief statement summarizing why the claimant
believes the determination is incorrect.
Mail written requests to:
Office of Appeals
107 E Madison St
MSC 347 Caldwell Building
Tallahassee, FL 32399-4143
FAX: (850)-921-3524
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
NOTICE
OF
APPEALS
(Available on
Internet)
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
BH10 SCREEN
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
TIMEFRAME FOR FILING
Must be filed within 20 calendar days after the mailing date shown on
the determination.
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 the appeal is filed on the Agency website, the date shown on the
confirmation sheet will be considered the filing date.
If the appeal is filed by mail, the postmark date affixed by the United
States Postal Service (USPS) will be considered the filing date.
If the appeal is filed by fax or a delivery service other than the USPS,
the date received in the Office of Appeals will be considered the
filing date.
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
TIMEFRAME FOR
HEARING
All involved parties will be mailed a Notice of
Unemployment Compensation Telephone Hearing. The
Office of Appeals schedule hearings in the order in
which appeals are received.
When the unemployment rate is high, it may take a
few weeks for a telephone hearing to be scheduled.
The agency tries very hard to resolve each case within
45 days after the appeal is received.
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
NOTICE
OF
UNEMPLOYMENT
COMPENSATION
TELEPHONE
HEARING
AGENCY FOR WORKFORCE INNOVATION
Office of Appeals
MSC 347 CALDWELL BUILDING
107 EAST MADISON STREET
TALLAHASSEE, FL 32399-4143

Docket Number: 2003-86720U
SSN:
123-45-6789
Referee:
ADMINISTRATIVE
HEARING OFFICER
February 11, 2004
1:00 PM Eastern
3647-0
Date:
Time:
Claims Cost Center::
NOTICE OF UNEMPLOYMENT COMPENSATION TELEPHONE HEARING
CLAIMANT/Appellant
MINNIE MOUSE
123 ANY STREET
ANY TOWN FL 33712
EMPLOYER/Appellee
ANY CHILD CARE INC
321 ANOTHER STREET
ANY TOWN FL 33781-5201
YOU ARE HEREBY NOTIFIED that ADMINISTRATIVE HEARING OFFICER, an appeals referee duly appointed
pursuant to Sections 120.80(10)(a)2., and 443.151(4), Florida Statutes, will conduct a hearing on the appeal from a
determination made by an unemployment compensation claims adjudicator.
This telephone hearing will be held on February 11, 2004, at 1:00 PM Eastern time.
FAILURE TO KEEP A TELEPHONE LINE OPEN MAY RESULT IN AN UNFAVORABLE DECISION. It
is important to hear and be heard during the hearing. Cellular telephones should not be used.
Claimant telephone number: (407) 228-1500
Employer telephone number: (Unknown) Prior to the hearing, the employer is instructed to provide the deputy
clerk with the name and telephone number of the person who will represent the employer at the hearing.
The hearing officer will telephone you for the hearing at the number shown above. If no number is shown or a different
number should be dialed, contact the deputy clerk at once and provide the correct contact name and telephone number.
Copies of confidential documents related to the case are enclosed. Keep these documents confidential and use them only
for this hearing. To have any other document(s) considered, you must send a copy to the hearing officer and any party
whose address is shown above, in sufficient time for receipt prior to the hearing.
The issues involved in this appeal:
SEPARATION: Whether the claimant was discharged for misconduct connected with work or voluntarily left work
without good cause (including cause attributable to the employing unit or illness or disability of the claimant requiring
separation); pursuant to Section 443.101(1), (9), (10), (11); Section 443.036(29), Florida Statutes; and Rule 60BB-3.020,
Florida Administrative Code.
CHARGES TO EMPLOYMENT RECORD: Whether benefit payments made to the claimant shall be charged to the
employment record of the employer, pursuant to Sections 443.101(9) and 443.131(3), Florida Statutes, and Rules 60BB2.026 and 3.018, Florida Administrative Code. (For an employer not chargeable on the current claim, this hearing may
determine chargeability on a subsequent claim.)
IMPORTANT: Please review the enclosed Appeals Information Pamphlet. If not received, notify the deputy clerk at the
number below. Claimants should continue filing claims as instructed while the appeal is pending.
This document contains information that is confidential
under sections 443.171(5) and 443.1715, F.S. This
information is available only to public employees in the
performance of their public duties. Anyone receiving
this information that violates these provisions is
punishable under sections 775.082 or 775.083, F.S.
CLAIMANT: Notify the deputy clerk at once if you need a translator and are unable to locate one for the hearing.
RECLAMANTE: Comuniquele a la oficina de apelaciones de compensacion de desempleo tan pronto le sea posible si usted no pudiera encontrar a
alguien que hable y comprenda ingles para que le sirva de traductor. Haga esto ANTES de la fecha de la audiencia.
In accordance with the Americans with Disabilities Act, persons needing special accommodation to participate in the hearing should contact the
Deputy Clerk at the number below or via Florida Relay Service (1-800-955-8770) at least 5 days before the hearing date.
This is to certify that this Notice of Hearing was sent to the last known
address of each interested party on or before January 30, 2004.
TELEPHONE: (850) 921-3262
FAX: (850) 921-3219
THE REFEREE DECISION
A claimant who receives an unfavorable decision
may have an overpayment and an employer who
receives an unfavorable decision may see an increase
in their tax rate.
After the telephone hearing, the appeals referee will
prepare and mail a written decision. The decision
will replace the original determination.
The decision will be based ONLY on evidence
presented at the time of the telephone hearing and
will include: findings of fact, conclusion of law and
the decision which will affirm, reverse or modify the
determination or dismiss the appeal.
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
DECISION
OF
APPEALS
REFEREE
AGENCY FOR WORKFORCE INNOVATION
Office of Appeals
ROHDE BUILDING ROOM N-314
401 NW SECOND AVENUE
MIAMI FL 33128-1706
SSN: 123-45-6789
Docket No. 2003-85163U
Jurisdiction: §443.151(4)(a)&(b) Florida Statutes
Account No.: 0027810
EMPLOYER/Appellee
CLAIMANT/Appellant
APPEARANCES: CLAIMANT & EMPLOYER
LOCAL OFFICE #: 3654-0
DECISION OF APPEALS REFEREE
IMPORTANT - APPEAL RIGHTS: This decision will become final unless a written request for review or
reopening is filed within 20 calendar days after the mailing date shown. If the 20th day is a Saturday, Sunday or
holiday defined in F.A.C. 60BB-6.004, filing may be made on the next day that is not a Saturday, Sunday or
holiday. A party who did not attend the hearing for good cause may request reopening, including the reason for
not attending, at www.fluidnow.com/appeals or by writing to the address at the top of this decision. A party
who attended the hearing and received an adverse decision may file a request for review to the Unemployment
Appeals Commission; 300 Webster Building; 2671 Executive Center Circle West; Tallahassee, Florida 323990681. (Fax: 850-488-2123) If mailed, the postmark date will be the date of filing. If faxed, the date received
will be the date of filing. The date the confirmation number is generated will be the filing date of a request for
reopening on the Appeals Web Site. To avoid delay, include the docket number and claimant’s social security
number on all correspondence.
Issues Involved: SEPARATION: Whether the claimant was discharged for misconduct connected with work
or voluntarily left work without good cause (including cause attributable to the employing unit or illness or
disability of the claimant requiring separation); pursuant to Section 443.101(1), (9), (10), (11); Section
443.036(29), Florida Statutes; and Rule 60BB-3.020, Florida Administrative Code.
CHARGES TO EMPLOYMENT RECORD: Whether benefit payments made to the claimant shall be charged
to the employment record of the employer, pursuant to Sections 443.101(9) and 443.131(3), Florida Statutes,
and Rules 60BB-2.026 and 3.018, Florida Administrative Code. (For an employer not chargeable on the current
claim, this hearing may determine chargeability on a subsequent claim.)
This document contains information that is confidential
under sections 443.171(5) and 443.1715, F.S. This
information is available only to public employees in the
performance of their public duties. Anyone receiving this
information that violates these provisions is punishable
under sections 775.082 or 775.083, F.S.
Findings of Fact: The claimant worked as a selector for the employer, a chain of supermarkets, beginning on
November 9, 1996. The claimant had been counseled on January 19, 2003 and January 28, 2003, regarding
attendance. The claimant left work early due to illness on January 28, 2003. The claimant seven (7) minutes
late for work on February 25, 2003 and four (4) minutes late on March 25, 2003. The claimant was absent on
May 29, and 30, 2003 due to illness. The claimant was absent on June 14, and 15, 2003 due to illness. The
claimant was late on July 6, 2003. The claimant was absent on July 23, 2003 due to illness. The claimant was
placed on final warning on September 22, 2003 due to performance related issues. The warning did not
specifically address the claimant’s attendance. He was not advised any further this would result in his
termination. The claimant was absent on October 30, and 31, 2003 due to illness. The claimant was discharged
on November 4, 2003 for attendance.
Conclusions of Law: The law provides that a claimant who was discharged for misconduct connected with the
work shall be disqualified from receiving benefits. "Misconduct connected with work" means a willful or
wanton act or course of conduct in violation of the worker's duties and obligations to the employer.
The hearing record shows the claimant was discharged on November 4, 2003 for attendance. The burden of
proving misconduct is on the employer. Lewis v. Unemployment Appeals Commission, 498 So.2d 608 (Fla.
5th DCA 1986). The proof must be by a preponderance of competent substantial evidence. De Groot v.
Sheffield, 95 So.2d 912 (Fla. 1957); Tallahassee Housing Authority v. Unemployment Appeals Commission,
468 So.2d 413 (Fla. 1986). Although the claimant had been counseled in general regarding his attendance, the
claimant’s last absences after that warning were due to illness. The claimant’s absences were under reasonably
compelling and necessary circumstances. The claimant being late to work four (4) times in a nine-month period
or for absences under good reasons do not rise to a level sufficient to warrant a denial of unemployment
compensation benefits. Accordingly, it is held the claimant was discharged for reasons other than misconduct
connected with work.
DECISION
OF
APPEALS
REFEREE Decision: The determination of the claims adjudicator dated December 4, 2003, is REVERSED. If otherwise
eligible, the claimant is entitled to the receipt of unemployment compensation benefits. The employer’s
account shall be charged with benefits paid in connection with this claim.
This is to certify that a copy of the above decision was
mailed to the last known address of each interested
party on January 15, 2004.
This document contains information that is
confidential under sections 443.171(5) and
443.1715, F.S. This information is available only to
public employees in the performance of their public
duties. Anyone receiving this information that
violates these provisions is punishable under
sections 775.082 or 775.083, F.S.
GERARDO GOMEZ
Appeals Referee
By:
JOSEFINA B. RODRIGUEZ, Deputy Clerk
Any questions related to benefits or claim certifications should be referred to the Claims Information
Center at (866) 778-7356.
KEY DEFINITIONS
Affirm
Does not change any part of the appealed determination. Includes lack of jurisdiction and
non-appearance dismissals.
Reverse
The appealed determination is changed from pay to deny or from deny to pay.
Modify
Changes part of the appealed determination.
Remand
Does not change the appealed determination, however, a re-determination must be issued.
No Action
No change in the appealed determination. Dismisses the appeal without prejudice. Includes
appeals that were withdrawn.
Corrected Decision
An error occurred in the first decision. The corrected decision replaces the previous
decision.
Rescission Decision
Vacates the previous referee decision. The case is rescheduled. The appealed determination
remains in effect until a new decision is rendered.
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
UNEMPLOYMENT APPEALS
COMMISSION (UAC)
Second level appeal process. A hearing is not
held as before nor any additional documents
allowed on this level.
Can be filed by a claimant or employer.
Disagrees with the Referee’s decision.
Must be filed by mail, fax or internet within 20
days of referee decision in order to be timely.
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
JUDICIAL REVIEWS
Third level appeal process
The customer has exhausted their appeal options within the
Agency.
Claimant disagrees with the UAC decision
Handled by the Florida District Court of Appeals
The customer should discuss their options with a legal advisor
Florida District Court of Appeals information:
http://www.flcourts.org/courts/dca/dca.shtml
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.
BH10 SCREEN
PAYMENTS WILL
PROCESS WHEN THE
CLAIMANT CERTIFIES
FOR THE
UNEMPLOYMENT
COMPENSATION
BENEFITS
This document contains information that is confidential under sections 443.171(5) and 443.1715, F.S. This information is available only to public employees in the performance of
their public duties. Anyone receiving this information that violates these provisions is punishable under sections 775.082 or 775.083, F.S.