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  1. #1
    Join Date
    Feb 2012
    Posts
    1

    Post Denied Unemployment Due to Voluntary Quit Without Reasonable Cause

    My question involves unemployment benefits for the state of:
    New York State
    I quit my job because of the following reasons:
    Unpaid wages for hours worked above 40, Commissions earned but not paid, illegal activities due to deliberate misclassification as a 1099 worker

    Nys hearing officer denied my claim and stated that I had voluntarily quit without reasonable cause
    Researched the web and found the following decisions of the NYS Appeal Board to support my reasonable cause for quitting as follows:

    NYS A750-1228 index No 1740D-1 Overtime without compensation
    NYS A7150-2139 Index 1740D.7 failure to pay overtime
    NYS A750-552 Index No 1660B-1 Benefits claims voluntary leaving of employment overtime

    Need help drafting an appeal to NYS Appeal Board asap , my appeal date expires on 2/23/12

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Denied Unemployment Due to Voluntary Quit Without Reasonable Cause

    You could attach the opinions as exhibits or simply quote the sections that support your case & cite the cases.

    This is an administrative appeal so rules of evidence need to be understood ... if they have their own regulations then you should become familiar with them prior to the actual hearing.

    As far as misclassification issues this may be outside the scope of the commission to decide. Have you filed a DOL complaint? You may wish to consider doing so and ask for a postponement of the UI hearing.

    The UI folks simply might not understand how the facts of your case would lead to a mis-classification conclusion. UI is really not the venue for such determinations, DOL is.

    If you had a DOL ruling then that would be golden.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Denied Unemployment Due to Voluntary Quit Without Reasonable Cause

    You have not proven misclassification.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Denied Unemployment Due to Voluntary Quit Without Reasonable Cause

    As you were employed as an independent contractor, you have the burden of establishing the misclassification before the wage/hour issues matter. Was that the basis of the denial - that you did not establish that you were improperly classified? Has the issue of your classification been reviewed by the state Department of Labor or IRS, and if so what was the outcome?

    Beyond that, if the denial found that you should have been classified as an employee, what proof did you submit to prove that you had worked more hours than you were paid, or that you were entitled to commissions you did not receive? And is it that the hearing officer found your employer's version of events more credible? We only know what you tell us.

    If you believe opinions from the Appeal Board will be helpful to your appeal, attach copies to your appeal.

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