Glass Krakower LLP frequently represents claimants in downstate New York at hearings and appeals before Administrative Law Judges. Common issues are:
(1) independent contractor and self employment eligibility issues;
(2) voluntary quit or resignation or leaving employment with good cause determinations;
(3) misconduct determinations;
(4) willful misrepresentation determinations (including claims while earning over $405 gross per week or not reporting all days worked);
(5) collateral estoppel effect of arbitration decisions;
(6) partial benefit week determinations; and
(7) availability or capability of working determinations (including availability to work while overseas or on vacation).
Feel free to contact us at bg@glasskrakower.com or (212) 537-6859 if you wish to schedule a consultation and evaluation regarding your upcoming hearing. We also will evaluate whether you may have a wrongful discharge or wage and hour claim for damages worth pursuing as well.
Tuesday, January 21, 2014
Qutting for being overwhelmed may not qualify for benefits
Feeling Overwhelmed Is Not Sufficient Reason For Quitting Job For Unemployment Purposes
Matter of Basciano (Commissioner of Labor), ___A.D.3d__ (3rd Dep't. Dec. 5, 2013), is an interesting unemployment case. As the court explains:
Claimant, a credit manager, notified the employer that he was overwhelmed and was going to look for other work. He further agreed to leave when his replacement was hired, even if he had not yet secured a new job. Claimant's replacement began working approximately two weeks later, marking the end of his employment. Inasmuch as claimant agreed to leave his position even if he lacked a definite plan for future employment, substantial evidence supports the determination of the Unemployment Insurance Appeal Board disqualifying him from receiving unemployment insurance benefits (see Matter of Solano [Commissioner of Labor], 50 AD3d 1425, 1426 [2008]; Matter of Kennedy [Commissioner of Labor], 294 AD2d 700, 700 [2002]).
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