Hearing for Unemployment Insurance Claim

[efab]

Hello to all advisors and thank you in advance for your help.

I am from Mew York Stae.

I have a hearing tomorrow with the New York State Dept. of Labor to get my unemployment Insurance benefits reinstated after they were denied. According to the the determination of the NYS dept of Labor in their judgement letter they claim "Misconduct" because according to my employer I did not stop continuing an action (submitting to theatrical buyers) at a commercial talent agency. From the "Termination form" from a company called Magellan which my employers outsourced for their employment needs, I received and signed on the day of my termination a list reasons for my termination. The box next to "Misconduct" was left blank.

I have proof that my employers condoned working with these buyers (Payment stubs, contracts etc.) as they accepted checks and profited from bookings in this area and were happy to actor clients making money and in turn the agency in an area that we previously did not service the talent.

Under the NYS Dept. of Labor Interpretation service index (a description of previous case law in this particular area) Index 1100 discusees MISCONDUCT and subset E specifically discussees CONDONATION as states: "In circumstances where violations of a company rule have benn with knowledge and tactic consent of an employee's immediate supervsior, such infractions did not amount to Misconduct". A.B. 664-39

Do I win this case if Magellan misclaimed on the termination form by not marking off "Misconduct" or do I need to go further by proving the condonation argument.

I would love your advice and I need it quick as my appt, is at 3:30pm E.S.T. on Mon. 7/9

Thank you in advance,

Efab

 

[Beth3]

Do I win this case if Magellan misclaimed on the termination form by not marking off "Misconduct" No. The ALJ isn't going to decide the claim based on a presumed clerical error by the employer.

or do I need to go further by proving the condonation argument. You don't have to prove anything. It's up to the employer to demonstrate that you were discharged for misconduct and if you were, then it's up to the ALJ to determine whether that falls in the category of "willful misconduct" as defined in your State's UC statutes.

If you have evidence that demonstrates that the misconduct for which you were fired the employer actually condoned, then that will certainly work in your favor.