Responding to an Unemployment Claim? Build a Clear Response

When a former employee files an unemployment claim, the employer’s response should be built around the specific facts of the separation. Florida calls the program reemployment assistance, and the employer’s response depends on the facts in its own file. This page explains what contesting involves, how the steps usually flow, and what to gather before you call.

What It Means to Contest a Reemployment Assistance Claim in Florida

Contesting a claim means giving the state your account of how the job ended and challenging any claim the facts do not support.

Florida’s reemployment assistance program runs under Chapter 443 of the Florida Statutes. The definitions in Fla. Stat. § 443.036 describe benefits as money payable to an individual for his or her unemployment. The same section defines an employing unit to include a partnership, limited liability company, or corporation, domestic or foreign, that has or had one or more individuals performing services for it in Florida. Whether a particular business falls within the statutory definitions of employer or employing unit depends on the facts of each situation.

This page is for owners, HR managers, and employers who believe the employee quit voluntarily, was discharged for misconduct, or otherwise should not receive benefits.

A claim contest is not a lawsuit. It is an administrative matter. Still, the same documents often matter if the former employee later files a discrimination or retaliation complaint.

What Does the Representation Cover?

Representation covers the employer’s written response, the records behind it, and any hearing that follows.

• Reviewing the claim notice and the separation reason on file, checking both for accuracy and consistency.
• Drafting the written response with the separation facts and supporting records.
• Organizing the employment file: offer letter, handbook acknowledgment, attendance and performance records, warnings, and separation paperwork.
• Representing the employer at any hearing, presenting documents and witnesses, and questioning the former employee’s evidence.
• Reviewing any adverse decision and advising whether and how to challenge it.
• Advising how the employer’s statements may affect related decisions, such as separation letters and replies to later demands.

Outside general counsel support lets the same review cover hiring, handbook, and separation decisions in one place. That keeps the employer’s account consistent from the first notice to any later dispute.

How Does the Process Work, Step by Step?

The process moves in stages, and each notice sets its own deadlines, so start as soon as it arrives.

1. First consultation. We review the notice, the separation facts, and every date printed on it.
2. Record review. We identify what the file supports and what is missing.
3. Written response. The employer submits its account before the deadline the notice states.
4. Decision review. We read the state’s decision with you and note any appeal rights it describes.
5. Hearing, if facts are disputed. Section 120.57(1)(b) of the Florida Statutes provides that, in an agency hearing involving disputed issues of material fact, all parties may present evidence and argument, conduct cross-examination, submit rebuttal evidence, and be represented by counsel (Fla. Stat. § 120.57).

Under Fla. Stat. § 120.569, an agency notice must state any hearing or review available, the procedure to follow, and the time limits that apply. If a disputed issue of material fact arises, the case moves to a hearing under section 120.57(1), unless all parties waive it, as provided in section 120.569(1).

Timing matters. Mark every date the day the notice arrives. Do not wait for a hearing notice before you start gathering records.

What Should You Gather Before Your First Call?

Gather the claim notice and the full separation file before you call, because the facts drive the response.

• The claim notice and any determination or hearing notice you received.
• The employee’s signed offer letter, job description, and handbook acknowledgment.
• Written warnings, performance reviews, attendance logs, and incident reports.
• The resignation letter, termination notice, or message thread showing how the job ended.
• Names of supervisors and witnesses with direct knowledge of the separation.
• Final pay records and any payments made after separation.
• Any reinstatement or rehire offer, and how the employee responded.

A handbook acknowledgment helps, but it does not automatically make the handbook a contract. Florida courts have held that policy statements in manuals are not enforceable contract rights unless the manual expresses an explicit mutual agreement that it is a separate employment contract (Quaker Oats Co. v. Jewell).

Florida is also an at-will state. In Florida, employment is generally at will, so either side may usually end the job without cause. Exceptions include reasons the law prohibits, such as retaliation or unlawful discrimination (Laguerre v. Palm Beach Newspapers, Inc.), and terms of an employment agreement for a definite period. Keep records accurate, and never backdate or change them.

Why Work With KEW Legal on an Employer-Side Claim?

KEW Legal focuses on business law for owners and investors, including employment law for employers across Miami-Dade and South Florida.

Kristina E. Wilson is the responsible lawyer for this page. Natalie Martinez is also a lawyer at the firm. Our offices are in Coral Gables and Sunny Isles Beach, and we serve clients in Miami-Dade, Broward County, and across South Florida.

• Outside general counsel. The same review can cover the claim, handbook policies, and separation decisions.
• Consistent accounts. A reemployment claim can overlap with a later discrimination or retaliation charge. Your written account should stay consistent across both.
• File-specific review. Each claim turns on its own facts, so we review your file before suggesting a course of action. No outcome is promised.

Common Questions Employers Ask About Contesting a Claim

Talk Through Your Claim With Kristina E. Wilson

If a notice about a former employee has just reached your desk, the response dates and the separation facts need attention now. Kristina E. Wilson can review them with you before those dates run. Send us a message or call 305-990-2300 to schedule your consultation.