Wednesday, January 13, 2010
UNEMPLOYMENT INSURANCE BENEFITS - VOLUNTARY SEPARATION
Yesterday I received a favorable decision on a hearing where a determination of voluntary separation without good cause was reversed and the Claimant will now be receiving benefits. The Claimant was laid off but the Employer offered other positions. The Claimant probably could have received benefits by just applying for benefits then but attempted to maintain employment by trying the other positions until the Claimant realized that the offered positions were completely unsuitable due to lack of skill, health, change in duties, etc. The judge also noted that the Claimant also suffered a "substantial change" in hours and rate of pay and thus the Claimant had "good cause to have resigned under the New York State Unemployment Insurance Law"