Monday, November 9, 2009

UNEMPLOYMENT INSURANCE - CRIMINAL ACTS

Another recent consultation involved Claimant being discharged under state law due to an arrest. Unemployment benefits were immediately applied for by Claimant but denied for misconduct. However, the criminal matter was not yet resolved. How to handle this? You must first resolve the criminal matter before your hearing before an administrative law judge. Of course, you should timely request a hearing but adjourn the hearing until the criminal matter is resolved. If the criminal matter is resolved in your favor, there is a strong chance that a subsequent administrative law hearing on benefits will also be in your favor. If the criminal matter is not resolved in your favor, then the hearing must address the issue of criminal acts and misconduct. If you have an attorney for your unemployment insurance hearing, make sure the attorney consults with your attorney who represented you in the criminal matter.

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