How to Handle Pesty Unemployment Insurance Claim Issues
March 22, 2013
***********************
I'll be circulating employment related articles from time to time that I think are relevant to the alarm industry. Our first Employment webinar was very well received and you can look forward to others soon. Below answer was provided by Judge Ruth Kraft who heads our Employment Law Department. You should contact her with employment law issues. Look for our Standard Forms covering employment issues matters. I will announce them as they become available at our "mass market" prices.
*****************
Question
****************
Dear Judge Kraft:
Thank you for a great webinar. I learned so much. We have been unsuccessful in our unemployment claims. There are no employment lawyers in our area and those farther away want to charge us for travel time, which makes the cost prohibitive—especially if we are going to lose in the end. We aren’t in New York. Is there anything you can do to help us with our UI cases?
ST
*********************
Answer
*********************
First, I’m so glad that you enjoyed the webinar! Educated, smart, pro-active clients are a pleasure. My goal as an employment and labor lawyer is to show you the potential roadblocks and how to get around them well in advance of costly litigation. Although unemployment is administered on the state level, the general rules with respect to benefits and entitlement are established by federal law and regulated by the US Department of Labor, which maintains oversight of the states. Although the respective state tribunals have different operating rules, the underlying principles are quite similar.
Because unemployment and contributions, or employment tax, cases are heard in administrative tribunals, I can represent employers outside New York. Realistically, except in employment tax cases involving hundreds of thousands of dollars, it isn’t practical for you to retain me to fly out for a UI hearing. After presiding over thousands of these cases, I can tell you that, but for New York, which has extremely strict procedural hearing protocols, in most basic unemployment matters involving misconduct or voluntary separation without good cause, employers have the best understanding and ability to explain their business relationships and practices.
BUT, what employers do not do well, on their own, is to grasp the legal ramifications of the cases. If you have a potentially winning case, it is well worth the effort of making an appearance. However, if it is a loser, you lose not only the case but all the time, wasted resources, and negative business impact on defending it rather than devoting the time to profit-making activities. Additionally, in many states, what you tell the Department of Labor or Industrial Bureau in the initial questionnaire or interview can truly come back to haunt you, particularly if it is inconsistent with subsequent sworn testimony. There may be five reasons why you discharged a worker but only one has the possibility of prevailing in court.
Finally, I know that many payroll companies offer unemployment defense at minimal cost but, seriously, you get what you pay for. If they defend every case, regardless of its merits, you will find yourself in hearings unnecessarily and to no avail. Additionally, you will be part of an assembly line of cases assigned to an unknown representative who does not have a vested interest in whether you prevail.
Our firm specializes in security company contracts and representation. We can assist you in preparing an unemployment defense regardless of your location. To schedule a telephone consultation to prepare for a case, please call Eileen Wagda at (516) 747-6700 x 312 or email EWagda@Kirschenbaumesq.com to book a teleconference with me.
Judge Ruth Kraft
*********************************************************************************************************************************
TO SUBMIT QUESTIONS OR COMMENTS REPLY TO THIS EMAIL OR EMAIL Ken@Kirschenbaumesq.com. Most comments and questions get circulated.
*********************************************************************************************************************************