I was happy to find out that yet one more of my clients was awarded unemployment benefits after my rather unpleasant confrontation with the representative for the employer. The employer, after telling my client that they did not need her services any longer and after hiring her replacing while forcing my client to train her replacement, actually stopped paying her while she was training the new employee. At the appeals hearing, the employer dared to argue that they never terminated the employee. Luckily, the administrative law judge did not buy it and found for the employee, awarding her unemployment benefits retroactive. You can read the full unemployment appeal analysis and holding below:
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One of the most common ways that employer tries to fight their former employee's claim for unemployment insurance benefits is arguing that the employee was terminated due to misconduct. Misconduct in the context of unemployment insurance code is a term of art, and understanding its legal definition is crucial to appealing the denial of unemployment benefits at the appeals board if your initial claim has been denied. |
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