29 Dec Victory at Unemployment Insurance Appeal Board – Nov 2012

Martin + Colin, P.C. has obtained a reversal of a prior ruling and reinstatement of unemployment benefits for our client. – November 2012

Our law firm does NOT usually handle matters involving unemployment benefits. However, we are experienced courtroom attorneys, and when an established client has a legal problem, we help them whenever we can.

In this case, our client is a member of a family for whom we have rendered legal services on several different occasions. She required hospitalization for a brief illness and, during her hospitalization, her physician-employer replaced her with a new employee. Without a job, our client applied for, and received, unemployment benefits.

However, our client’s employer contested her right to collect unemployment benefits, and after a hearing, the New York State Department of Labor determined that our client was ineligible for unemployment benefits.

Our law firm was asked to enter the case and assist the client, and we did so. We sought to reopen the hearing; and at a hearing before an administrative law judge, we convinced the Unemployment Insurance Appeal Board that:

• Our client had good cause to reopen the case;
• Our client was eligible to receive unemployment benefits because she did not quit her job; and
• Our client did not make willful misrepresentations to obtain unemployment benefits.

At the conclusion, the Administrative Law Judge overruled the initial determinations of the Department of Labor and restored our client’s eligibility for unemployment benefits.