T
twinbridgefarms
Guest
What is the name of your state? NY
I posted here some time ago about my girlfriend being denied unemployment by her ex-husband who owned the company. He was supposed to maintain her employment by the divorce agreement. She had refused to work with new wife, and company called that willful misconduct. Ex-husband denied that there was a verbal agreement that the 2 wives would never have to work together. She lost at the hearing and also lost the appeal. Not only did she have to pay back $$ to the state, but she has been penalized such that she cannot collect for a couple of years!
Subsequently, she WON her contempt case for not complying with the divorce agreement, in GA, where the judge recognized the ex-husbands lies. In the judges decision, he wrote of the existence of the agreement and how it was unreasonable to expect the ex-wife to work for the new wife, especially at 1/3 the salary.
The NY DOL basically agreed that her refusal to work with the new wife was adequate grounds for the employer claim of misconduct, but the GA judge was able to see the bigger picture.
Question 1: Can the unemployment case be re-opened, and will the GA judges opinions be relevent?
Question 2: Is there any recourse against the company for lying (assuming we can prove it) and conspiring (several officers are involved) to deny her unemployment, for the sole purpose of positioning the ex-husband for the case in GA?
To those who responded in the past, thanks and so here is the update if you were curious. Any new advice is welcome.
I posted here some time ago about my girlfriend being denied unemployment by her ex-husband who owned the company. He was supposed to maintain her employment by the divorce agreement. She had refused to work with new wife, and company called that willful misconduct. Ex-husband denied that there was a verbal agreement that the 2 wives would never have to work together. She lost at the hearing and also lost the appeal. Not only did she have to pay back $$ to the state, but she has been penalized such that she cannot collect for a couple of years!
Subsequently, she WON her contempt case for not complying with the divorce agreement, in GA, where the judge recognized the ex-husbands lies. In the judges decision, he wrote of the existence of the agreement and how it was unreasonable to expect the ex-wife to work for the new wife, especially at 1/3 the salary.
The NY DOL basically agreed that her refusal to work with the new wife was adequate grounds for the employer claim of misconduct, but the GA judge was able to see the bigger picture.
Question 1: Can the unemployment case be re-opened, and will the GA judges opinions be relevent?
Question 2: Is there any recourse against the company for lying (assuming we can prove it) and conspiring (several officers are involved) to deny her unemployment, for the sole purpose of positioning the ex-husband for the case in GA?
To those who responded in the past, thanks and so here is the update if you were curious. Any new advice is welcome.