Since 1977, Jon Michael Probstein has assisted people and businesses in all matters. In accordance with the Rules of Professional Conduct, this may be deemed "Attorney Advertising". Nothing contained herein should be construed as legal advice. Admitted in New York and Massachusetts. Always consult a lawyer regarding any matter. Call 888 795-4555 or 212 972-3250 or 516 690-9780. Fax 212 202-6495. Email jmp@jmpattorney.com
Thursday, August 20, 2009
EMPLOYERS AND UNEMPLOYMENT INSURANCE
Most of my cases involve claimants who seek a hearing after being denied unemployment insurance benefits for alleged misconduct, etc. as a result of an investigation by the Department of Labor. I am now seeing cases with claimants who, after have been determined by the Department of Labor to be entitled to unemployment insurance benefits despite the allegations of misconduct, etc. by the employer, are being brought into hearings by the employer. I have one case where the employer is seeking to appeal an adverse determination it received after a hearing. Some employers will put up a strong fight to get out of paying unemployment insurance. Remember, if you are receiving benefits, an employer who is affected by the determination can ask for a hearing. Under the law, charges for benefits are shared by all employers of the claimant in the base period. That is why employers who are not the last employer may also ask for a hearing. If a claimant receives a Notice of Hearing, he or she should attend to preserve any rights to benefits.
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