NEW YORK UNEMPLOYMENT INSURANCE HEARINGS - CREDIBILITY ISSUES

In one UI matter in which I represented the claimant, the claimant was denied benefits for misconduct, viz., violation of a company policy. The claimant was an employee and was terminated. The claimant filed a claim for benefits and the employer filed an objection. The DOL investigated the claim and the objection and, as part of the investigation, interviewed the claimant by telephone. The DOL summary of interview stated that the claimant made a certain statement to the DOL investigator during the telephone investigation. Based upon that statement, the DOL denied the claimant UI benefits. The claimant at the hearing testified that the summary of interview was not an accurate description of the statement given and clarified the testimony as the hearing. The ALJ upheld the DOL determination of a violation of company policy stating that: “the Court has held that a claimant’s earlier statement is given greater weight then his testimony at the hearing. See, Matter of Jensen, 49 AD2d 794.”