I received a notice today that my "next to the last" employer has asked for a hearing because he is contesting my eligibility for unemployment benefits.
I am now receiving unemployment and have been since mid-February.
My "next to last" employer wrote a letter to request a hearing in response to the following determination from the NY State Dept of Labor:
"Determination: We have considered the information you furnished on x/x/2008. The person identified is eligible for unemployment insurance benefits.
Reason: The claimant had other employment after working for you and before filing this claim, and earned remuneration in the subsequent employment equal to or exceeding five times the benefit rate payable on the claim. Therefore, any potential disqualification for voluntary leaving employment with you does not apply. For this reason, no determination will be made, and your account is chargeable under Section 581.1e. "
Then the note informs him of his Employer Hearing Rights. He wrote a letter in response, and I have a copy, too, furnished to me by NYS Dept of Labor.
Now, I left this employer VOLUNTARILY. I wasn't fired.
I went from employment with his firm straight to another firm, worked there for almost a year and was let go due to lack of work.
I spoke to a lawyer today whose name is listed on the NY State Dept of Labor website, and he basically said that this former employer has no case. He may not have liked that I left, and makes that clear in his letter to the NY Commissioner of Unemployment, but I am not obliged to give a reason for leaving or to give notice. Nothing I did would cancel the wage credits.
(My last employer is NOT contesting the UI)
I have not been given the date for the hearing yet. This lawyer I spoke to doesn't think it would require HIS expertise, and so he recommended I call the UAC and get a law student to go with me, if I like.
He said just to make sure that the statement I get in the mail beforehand doesn't list anything other than that I voluntarily left the employment - - to make sure this previous employer doesn't try to claim that I was fired.
Other than that, does anyone have any idea what I can expect from this hearing? I don't like having to "face down" this ex-employer of mine, and I hope that he isn't hung over.
I get the feeling that my ex-employer will be "lawyered up", and I do not want to feel at a disadvantage. Do you think that I should contact more agencies and try to get a lawyer to go with me to the hearing?
Also, does anyone have any feeling of the time frame between this notice and the date I should receive the notice about the hearing?
Thanks very much for your kind assistance!

