Wednesday, March 31, 2010

UNEMPLOYMENT INSURANCE - PREPARATION FOR HEARINGS

Now let's say the Claimant received a Notice of Adverse Determination on the grounds of Voluntary Separation Without Good Cause. Now in the statement to be prepared by the Claimant, the Claimant should be specific and in diary form give the following information:

1. Why did Claimant quit.

2. Describe the date, time, place, people present at the incidences that the Claimant feels gave them reason to quit,

3. Describe in detail each incident.

4. Describe in detail the steps Claimant made to resolve the issues before quitting (i.e. anything in writing, any complaint to union or to HR or to Supervisor) and what happened after those steps were made.

5. Describe in detail what the Claimant feels the employer was doing that was in violation of any state or federal law.

6. Describe in detail any changes in the terms and conditions of the Claimant's employment such as pay, work hours, work days, change in location, change in duties, etc.

7. Describe in detail any health issues that led to the Claimant quitting with appropriate medical documentation and whether and when that information was transmitted to the employer and, of course, describe in detail the steps Claimant made to resolve the issues before quitting (i.e. anything in writing, any complaint to union or to HR or to Supervisor) and what happened after those steps were made.

The attorney should of course research the Appeals Board and Appellate Division cases of voluntary separation and may have to seek out additional facts. An attorney should treat these type of hearings like any case: preparation is the key.

No comments:

Post a Comment