Anna Bradley-Smith  |  July 28, 2021

Category: Legal News

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Governor Ron DeSantis - Florida unemployment lawsuit
(Photo Credit: Hunter Crenian/Shutterstock)

Ten Florida residents have filed a class action lawsuit against Governor Ron DeSantis and the Florida Department of Economic Opportunity alleging that the state has deprived them of real and personal rights by prematurely cutting off federal unemployment benefits.

In May, DeSantis announced the state would end the $300 a week extended federal unemployment benefits program, saying that the program incentivized people not to work.

However, the Florida unemployment class action lawsuit says that rather than getting people back to work, ending the benefits before they are set to expire in September left un- and under-employed Floridians unable to cover basic living expenses, such as housing, utilities, food, health care, and child care.

The claim adds that the governor cut off the benefits for “purely partisan and political purposes.”

Gia Cuccaro, one of the plaintiffs, was a paralegal for three decades and is now facing eviction. Heather Fulop, a single mom, had her job as a neonatal ICU registered nurse eliminated during the pandemic, according to the Florida unemployment lawsuit.

Plaintiff Lori Beth Ertel was self-employed prior to COVID and was doing accounting work for small businesses, the claim states. “Since COVID, many of those businesses have closed leaving her without clients. She has sent out many job applications with no response. She tried to apply to work at McDonald’s, but was told that she is overqualified and they were worried that they would train her and she would leave when she found something better.”

Without the $300 a week payment, Ertel only gets $125 a week in benefits, which makes it impossible for her to pay her utilities, electric, cable, phone, and car insurance, the Florida unemployment lawsuit adds. She was forced to move in with her adult daughter and 7-year-old granddaughter.

Florida is one of 26 states that have prematurely cut off the weekly federal unemployment payments. However, Florida’s Department of Economic Opportunity (DEO) Labor Data Chief said two weeks ago that the data does not yet tell whether ending benefits will actually spur more people returning to work, Spectrum News reports.

In a letter sent to U.S. Department of Labor (DOL) Secretary Martin Walsh notifying the DOL that DEO would end the benefits program, DEO Executive Director Dane Eagle said Florida’s labor data showed that “total private-sector employment has increased by 18,800 jobs and more than 460,000 online job postings.”

While there has been 14 consecutive months of job growth, the DEO confirmed two weeks ago that the state still has 300,000 fewer workers now than before the pandemic, Spectrum News reports.

Attorneys Scott Behren, Gautier Kitchen, and Marie Mattox are representing the Florida plaintiffs. Behren told Spectrum News that there was a statute in Florida that said the state must take advantage to the best it can of any federal benefits available for its residents.

“So the arguments that have been successful in other states are that they are violating their own statutes by neglecting and refusing to take the federal money they’re legally required to take.”

The attorneys say the end goal of the lawsuit is to get federal benefits restored for people who were impacted, not just the named plaintiffs. 

“Justice delayed is certainly justice denied when you have your lights cut off and your car repossessed,” Kitchen told Spectrum News.

“If Floridians feel like they’re forgotten, if they feel like they’ve gotten the short end of the stick, if they feel like it shouldn’t be this hard and other places have got it right, why not our state, they are correct in their emotions. They’ve been failed.”

What do you think about Florida’s decision to end unemployment benefits? Let us know in the comments section below.


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75 thoughts onFlorida Hit With Class Action Lawsuit for Ending Federal Unemployment Payments

  1. Yvonne Folck says:

    I have been unemployed since April and have applied for many jobs, in Florida, and outside of the state. I have had 1 interview but was not accepted. It is very difficult to get work right now. Please help!

  2. Debra A Ferlanti says:

    I have been applying for jobs since 12/2020. I have had a couple of interviews, but still no employment. Gov. Desantis states job growth in last last 14 months on paper only. The $300.00 federal payment needs to be reinstated. Surely the state is violating their own statutes by neglecting and refusing to take the federal money. Also forget about attempting to contact Florida DEO, phone calls are disconnected due to high volume, 12 business days of attempting contact! The whole system is a hot mess!!!!

  3. Jon says:

    Is he going to let us come live with him

    1. Jo Anne Olivieri says:

      I believe if the federal unemployment benefits were instated as a short term financial safety-net to the financially struggling unemployed until, the end date of 09/06/21. Those benefits should have remained accessible throughout the duration of the coronavirus global pandemic crisis.

      Unemployed Floridians were preparing to make financial adjustments for the first week of September and not beforehand which, has only exacerbated to their already critical financial burden.

      Florida DEO should restore the federal pandemic unemployment benefits immediately. The DEO should also release the federal PUA aid retroactively from the cutoff date of June 26, 2021.

      Furthermore, the DEO should also engage in return to work initiatives, like job-paid training programs, community outreach employment services/sponsorships to further assist/ensure their residents maintain financial stability.

  4. Brandon Thomas says:

    When will it actually go before the judge? I would guess it would be relatively soon but have yet to find the actual date it’s supposed to be seen.

    1. Karen M Picciolo says:

      August 9th

      1. Benjamin says:

        So today? You should put an update on the story once the judge speaks..iv been looking.. can’t find anything yet

  5. Donna says:

    Why is this such a problem . How does gov have the power to hurt so many people. I will bit even ask how he could hurt the people he suppose to defend. There should be a third party people advocate to make judgements not all these people who have alternative motives. It’s disgusting the events that have been made public that has not been taking care of for years under this governer and he is not being held accountable .

    1. Frank Demagistris says:

      Don’t think the governor had right to change what the president promised the people I think Ron desantis should resign

      1. Frank Demagistris says:

        Ron desanist should resign

  6. Michael Vickery says:

    I’ve submitted 100s of resumes and applications for every type of job. Ones I’m definitely qualified for. I’ve had a handful of interviews and still unemployed.
    I can’t believe there is any worker shortage. These companies are not hiring they’re cherry picking hiring very few people.

  7. Kris Russo says:

    Does anyone know the judge’s name in the 17th circuit Broward county

  8. Mark says:

    I hope we get it back. Ive applied at 50 jobs not one is hiring. And others wont pay a wage that would support me. I have worked 80 hour weeks for 15 years to never make it. Im tired of this.

  9. Cheryl Senft says:

    Where I use to work shutdown due to Covid and is not reopening. Lots of places have just downsized. I want to go back to work. I have been spending 10 hours per day on the job search. I started looking the day I got my first shot. I have a college degree. I am 58 years old. I have only gotten 2 interviews so far. They both had over 300 people apply.(some maybe just for unemployment)
    I have had 15 places set up a Zoom interview then them not show up at the time in which they say. I have called Human Resource departments only to be told that no one is there. It is a mess.
    I don’t think that the job market is as good as they say. I think that the fast food workers moved up to better jobs and that is what we see . Good for them!
    Plus the Human Resource Departments are Very overworked. I am getting some feedback that my resume was ,finally seen 45 days after I first applied.
    We need more time.

  10. Christee Johnson says:

    I agree with the Floridians who filed a class action lawsuit for denying unemployment benefits. How do I file one against Alabama?

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