Unemployment benefits are available for people who lose their jobs and are trying to re-enter the job market. The general rule is that if you are terminated you are eligible. If you resign you are not eligible. These rules sound simple, but it the application of them and the exceptions to these rules can be complex.
Even though you were terminated, you might not collect if your employer can prove that you committed wilful misconduct. Similarly, even though you resigned, you might be able to collect if you can show that you resigned for legally sufficient cause attributable to your employer.
At the Hayber Law Firm, we are experienced in the ins and outs of the Unemployment Compensation system. We can help you win benefits, even if you lost at the initial stage. We can also help you retain benefits you already won, even if your employer appeals (if you lose your appeal, you may have to repay your benefits).
Please complete our confidential questionnaire to submit your inquiry.
Will I be able to collect unemployment?
Recent Rulings:
A Connecticut Superior Court judge recently upheld an award of benefits to an employee who voluntarily resigned his employment. The employee was a business development manager for a marine services company and earned $80,000 in base pay, which became $105,720 with overtime pay. The employer decided to eliminate overtime pay and the employee quit. The appeals referee determined that the decision to eliminate overtime pay from the employee's compensation was a unilateral and substantial change in the employee's employment that allowed him to resign voluntarily and still collect unemployment benefits. Miller Marine Services, Inc., v. Administrator, J.D. of New Haven, Doc. No. cv10-5033417 (Aug. 24, 2011) (Wahla, J.).
A judge in Connecticut recently affirmed the Department of Labor's decision to award unemmployment benefits to an employee who was terminated for "a combination of things," and that the employer never followed up with the employee after it wrote her up for performance issues. The court held that this evidence was not enough to justify a finding that the employee had been discharged for "wilful misconduct," and that therefore, she was entitled to unemployment compensation. Fast Signs v. Administrator, 2011 WL 2177252 (Conn. Super. May 18, 2011).
In a case handled by the Hayber Law Firm, the Board of Review recently ruled that an employee who was fired for engaging his employer in a heated discussion after his employer struck the client’s dog was entitled to unemployment. The employer argued that the employee had engaged in “willful misconduct” by continuing to argue with the employer about the presence of the dog in the business. The Hayber Law Firm succeeded in its appeal, arguing that the client’s behavior was a single, hot headed incident that did not disqualify the receiving his unemployment benefits.
Contact us today to make an appointment to discuss how we can help you with your claim for unemployment benefits.
The Hayber Law Firm, LLC, Employee Rights Advocates, 221 Main Street, Suite 502 Hartford, CT 06106
