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Unemployment Insurance

Under New York State law, unemployment insurance provides temporary benefits to an individual who loses his or her job through no fault of his or her own. To receive unemployment insurance benefits, an individual must also be ready, willing and able to work.

An individual who has been denied unemployment insurance benefits may request a hearing before an Administrative Law Judge (ALJ). At the hearing, the ALJ takes testimony and evidence from both the employer and the claimant and determines whether to reverse the initial determination that denied benefits.

Frequently at issue in Unemployment Insurance hearings is the concept of misconduct. Although an employee discharged for misconduct is not entitled to Unemployment Insurance benefits, an employee may have been terminated for cause that does not rise to the level of misconduct.

Whether an individual was actually discharged for cause may depend on a number of factors, including:

(i) the nature of the conduct;

(ii) the sufficiency of any past warnings; and

(iii) whether or not the employer can be said to have condoned past instances of the behavior.

Call Charny & Wheeler for a free telephone consultation if you to see if you have a basis for claiming unemployment compensation benefits, or if you have been denied such benefits, whether you have a basis to challenge that denial of benefits.

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