NY Unemployment Insurance Claimant Victorious After Hearing Held

NEW YORK - Oct. 7, 2015 - PRLog -- A client who was initially denied her unemployment insurance benefits will now be receiving them following a Hearing held at 250 Schermerhorn Street, Brooklyn, NY. The client's former employer initially contested her receipt of benefits claiming that the client voluntarily quit, therefore making her ineligible to receive such benefits.

Pursuant to Labor Law Section 593(1)(a), a claimant is disqualified from receiving benefits after a voluntary separation from employment without good cause. However, the credible evidence at the Hearing established that the client quit her employment to take care of her severely ill mother after the owner of the company denied her request for a shift change to a later time. The Judge noted that as per New York Labor Law Section 593(b), a "claimant shall not be disqualified from receiving benefits for separation from employment due to any compelling family reason. The term "compelling family reason" includes, but is not limited to, separations related to any of the following: the illness or disability of a member of the individual's immediate family and the need for the individual to accompany such individual's spouse to a place from which it is impractical for such individual to commute.

The Judge also held that the owner of the company did not offer the client the option to take a leave of absence, even though he knew about the mother's illness. Under these circumstances, the Judge held, the client's reason for leaving her employment constituted good cause. Therefore, the client left her job under non-disqualifying conditions and she was allowed benefits.

Michael J. Redenburg, Esq. represented the unemployment insurance hearing victor and continues to represent employees denied their NY overtime pay as well. Attorney Redenburg has represented both employers and employees in wage and hour disputes and currently represents clients in age discrimination and prevailing wage lawsuits in federal and state court, respectively.

http://www.mjrlaw-ny.com

212-240-9465

MIchael J. Redenburg, Esq. PC

11 Park Place, 817

New York, NY 10007

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