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E-Filing in Florida Against DEO - Difficulty with Interface

Discussion in 'Small Claims & Municipal Court' started by Julius, Nov 29, 2021.

  1. Julius

    Julius Law Topic Starter New Member

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    Jurisdiction:
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    I am looking to file a small claims suit against the DEO here in FL. They have made one error after another in my account and have used multiple illegitimate excuses to delay paying me unemployment, to the extent where they now owe me four months, yet I have not seen a dime.

    I have seen countless news reports about similar cases, and it seems the only way most people get anything accomplished is to file suit against them. Considering I feel they are trying to scam me out of money I paid in through taxes, I most certainly plan to pursue it.

    The problem is, their headquarters in FL is about six hours drive away from me. I am trying to e-file, but it is extremely convoluted to me.

    I need to file for indigent status, as for obvious reasons, I do not have the money to pay the filing fees. I am not sure if I file this prior to the small case suit or along with it. It seems like when I begin the e-filing, they are asking me to pay $300, so I feel it's something I need to file beforehand, but no clue where to go to do that on the site?

    And with the small claims suit, I'm not sure exactly how to do that either? I have tried to start the filing, but if I do the "DIY" option through them, it won't let me. It states that the only way I can do the DIY yourself option is if the organization agrees with the money they owe you, which the DEO currently does not. But, filing it any other way is extremely confusing.

    I have tried to do online searches to figure out how to do it, but I can't find any regarding my particular type of situation. If anyone can give me the info on how to file it right, or a video or website that doesn't take a lawyer to understand it, I'd greatly appreciate it.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Have you exhausted the appeals process?

    Learn How to Appeal Denied Unemployment Benefits in Florida - Unemployment Claims Info

    I think you may have to do that before going to court. Your case may be dismissed if you don't.

    I suggest you consult with a Florida unemployment compensation attorney.

    Consultations are free and many attorneys work on a contingency.

    Google "florida unemployment compensation attorney contingency" and you'll have several choices.

    No sense wasting more months if you don't know how to navigate the process.
     
  3. Julius

    Julius Law Topic Starter New Member

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    Thanks for the help. As far as the appeal process, I already filed it. I filed it two days after they disqualified me. That was eight weeks ago now. I have no guarantee they will EVER schedule one, hence why I feel court intervention is necessary.

    If you look around at FL news, you will see tons of people going through the same thing. They are doing all they can to save money due to covid. It's corrupt and disgusting.

    They tried to claim "misconduct" under Florida Statute 443.101. The "misconduct" was me allegedly missing too much work, and since I was terminated due to missing work here and there, that is grounds for misconduct. Meanwhile, I always called in, and the HR department at my company even had documentation showing my medical issues, regular doctor appointments, etc. Even if I didn't have that, I don't see how they could possibly interpret missing some days at work grounds for misconduct. But anyway, I have all the documentation from my doctor, along with documentation showing all the prescriptions, along with documentation for two separate hospital visits. There is no chance they should be able to win an appeal, but since the appeal is done by the DEO itself, which imo is a conflict of interest, I have zero confidence they won't deny me, despite all my proof.

    I could end up waiting months and months for an appeal, to the point where filing for a court hearing will be out (statute of limitations - not sure how long I have to file this). Or like I said, they might never give me an appeal date, leaving me in limbo indefinitely. I just don't know what else to do other than file a suit?
     
  4. army judge

    army judge Super Moderator

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    Apparently many people in Florida claim they have filed successful lawsuits (or are able to file such lawsuits) against your DEO:

    https://www.fox4now.com/rebound/florida-woman-files-suit-against-deo-shares-tips#:~:text="You%20can%20literally%20on%20your,encourages%20you%20to%20get%20specific.

    Unemployment benefits lawsuit in Florida: what's the situation ahead of September?




    Be advised that filing a lawsuit tends NOT to shorten the waiting time, as lawsuits generally lengthen the waiting time before a resolution (successful or not) arrives.

    The simplest solution would seem to simply get another job in order to get the cash flow coming to you, instead of being expended by your household.
     
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  5. adjusterjack

    adjusterjack Super Moderator

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    The SOL is probably buried somewhere in the statute.

    Florida Statutes Title XXXI, Chapter 443 - Reemployment Assistance from Florida Labor Statutes :: 2020 Florida Statutes :: US Codes and Statutes :: US Law :: Justia

    I find it interesting that unemployment compensation is no longer called unemployment compensation in Florida. It's called Reemployment Assistance.

    Don't you just love euphemisms.

    Anyway, the article that Army Judge posted has an email address for the woman who was successful. Might be some help there.
     
  6. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    What makes you think that missing work, even for a doctor's appointment, isn't misconduct?
     
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