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Class action lawsuit against Florida's unemployment department is dismissed

Tallahassee attorneys Marie Mattox and Gautier Kitchen demanded that the Department of Economic Opportunity immediately pay unemployment benefits to their clients.

TALLAHASSEE, Fla. — Some people frustrated by the hurdles they're facing with Florida’s unemployment benefits are facing a new disappointment.

Their class-action lawsuit got in front of a judge this week, but their effort failed. Tallahassee attorneys Marie Mattox and Gautier Kitchen demanded that the Department of Economic Opportunity immediately pay unemployment benefits to their clients. After some push and pull between the state, with the help of an emergency motion, the first circuit court hearing was held on Wednesday.

"They have a duty to make prompt payment, and they certainly haven't met that duty," one of the plaintiff attorneys argued over the online hearing.

The defense for the Department of Economic Opportunity argued the plaintiffs and everyone who applies for the benefits have no clearly established legal right to those benefits until they go through the filing and approval process.

“To the extent [their legal rights] do exist, it's a complex statute," the defense said. "There are multiple steps involved.“

The judge agreed with the department’s lawyers and granted the motion to dismiss the case. The plaintiffs are not allowed to refile, but unemployed workers are still trying to be heard as some gathered at the Leon County Court in Tallahassee to protest in a car caravan.

“I was so frustrated and upset with the system and not getting anywhere with my own claim that I decided I would rather help other people than focus on my own case," protest organizer Judy Tanzosch said.

She hopes together unemployed workers will be heard.

“We’re going to just continue making noise until somebody listens to us, and somebody in power says 'Enough is enough. Let’s take care of the people of Florida,'" Tanzosch explained. 

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