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Employee Got Unemployment Despite Termination for Cause

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  • 09-03-2009, 02:04 PM
    thebiz
    Employee Got Unemployment Despite Termination for Cause
    i am an employer in ny.

    i had an employee who just stopped comming into work. no call or any indication of his whereabouts. after some time, i replaced the position because it was a need.

    now almost a year later, i got his unemployment papers in the mail.

    so i fought it, claiming that he was a "no call, no show" and that he does not deserve benefits.

    now, i got back indication that he won the case, due to him finding employment after he disappeared from me.


    my basic question is, how on earth does it come down to me being responsible for his claim?

    is this really just a loophole in the system?

    there has to be a way to win this. i as a company did nothing wrong, how am i peniliazed. if he just shoed up for work...he would still have a job with me. instead he disappeareed to what looks like another job...got canned from there....and now it comes to me??

    can someone explain to me how this could possibly make sense :wallbang:
  • 09-03-2009, 02:17 PM
    cbg
    Re: Any Way Out of This
    No, I can't explain how it makes sense, because it doesn't.

    Are you certain that your account is being charged? All states are different but in my state while he might get benefits, you would not be charged for them.

    If your account is being charged, then you have the right of appeal and I would certain avail myself of it.
  • 09-03-2009, 02:29 PM
    thebiz
    Re: Any Way Out of This
    it says,

    "the claimant had subsequent employment after working for you and before filing this claim, having earned remuneration in this subsequent employment equal to or exceeding five times the benefit rate payable on the claim. therefore any potential disqualification for discharge due to misconduct with you does not apply. for this reason, no determination will be made, and your account is chargeable under section 581.1e"
  • 09-03-2009, 02:32 PM
    cbg
    Re: Any Way Out of This
    Then I would appeal. It might not help but it sure can't hurt.
  • 09-03-2009, 02:41 PM
    mlane58
    Re: Any Way Out of This
    I can tell you that this happens more than you think and I experience this on a weekly basis and I appeal all them. From my long experience, there are many state unemployment investigators that no matter what your reasons were for terminating the employee, they will automatically find in favor of the claimant. But usually on appeal (not all the time) it will be reversed as long as you have ample proof that is crediable.
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