Unemployment Insurance Benefits
Unemployment benefits are based on both federal and state programs. They are designed to help you survive financially while looking for new employment after losing your job.
Imbesi Christensen boasts a diverse group of some of the most highly-experienced and respected employment attorneys in the country. We will fight for your employee rights and help you recover the money you deserve.
Unemployment Qualifications
To qualify for unemployment compensation, you must have a record of a minimum amount of earnings over a set period of time. It is usually the twelve months before you lost your job. You also have to be ready, willing and able to work. In most states, you will not be eligible for unemployment compensation if you:
- Quit without "good cause," such as because you hated the commute to work
- Were fired for serious misconduct, like stealing from your employer or physically hurting a co-worker
- Are self-employed, like an independent contractor, or a student
- Are on strike from your job
- Are unavailable to work due to illness or other circumstances
- Appealing Your State’s Decision
Your state's unemployment compensation department will first decide if you are eligible for compensation based on information you provide and information from your former employer. In most states, you can appeal if initially rejected, but you must do so within several weeks of this decision.
Unemployment Compensation Claim Procedure
Although the unemployment compensation system varies in each state, some general principles apply in most cases. An unemployment claim will typically proceed as described below.
Filing of Claim
The former employee files a claim with the state unemployment program. The employer receives written notice of the claim and can file a written objection -- usually required within seven to ten days.
Determination of Eligibility
The state agency makes an initial determination of whether the former employee is eligible to get unemployment benefits.
Hearing
If the employer or the former employee disagrees with the initial eligibility decision, they can appeal the decision and have a hearing before a referee -- a hearing officer who is on the staff of the state agency. Normally conducted in a private room at the unemployment office, this is the most important step in the process. At the hearing, the employer and the former employee each have their say. In addition, each is entitled to have a lawyer there and to present witnesses and any relevant written records, such as employee evaluations.
Administrative Appeal
If the employer or the former employee disagrees with the referee's decision, they can appeal it to an administrative agency, such as a board of review. This appeal is usually based solely on the testimony and documents recorded at the referee’s hearing, although in some states the review board can hear additional evidence. While the review board is free to draw its own conclusions from the evidence and overrule the referee, more often than not it goes along with the referee’s ruling.
Judicial Appeal
If the employer or the former employee is unhappy with the board of review's decision, either can appeal to the state court system, but this is rare. Typically, a court will overturn the agency’s decision only if the decision is contrary to law or isn’t supported by substantial evidence.New York Unemployment Insurance
10.12.12- Award in favor of Imbesi Christensen client. See A.L.J Case No. 012-31875
10.11.12- Imbesi Christensen Clients Wins hearing. See A.L.J Case No. 012-31964
10.10.12- Attorney Brittany Weiner wins another UI hearing. See A.L.J Case No. 012-27270
10.09.12- Award in favor of Imbesi Christensen client after hearing. See A.L.J Case No. 012-30087
10.03.12- Award in favor of Imbesi Christensen client after in-person hearing. See A.L.J Case No. 012-31806
8.4.12 - Forbes.com reviews FINRA arbitration decision on behalf of firm's client.
6.25.12 -Award in favor of ICM client (Hudson v. NYU Hospital)
1.09.12- ICM wins UI hearing (Client v. Flour)
Recent Unemployment Hearing Decisions
