Legal Question in Employment Law in Connecticut

Hi guys, I was recently terminated from my position. My union states that they are going to file a charge against my former employer with the national labor relations board, but... not until my unemployment runs out. It is my understanding that they are afraid once I file that the former employer will file to have my unemployment appealed. it has been two months that I have been receiving unemployment can the former employer still contest two months later or is the union pulling my leg?

Asked on 11/09/14, 3:55 pm

1 Answer from Attorneys

Joseph Maya Maya Murphy, P.C.

If you have already been determined to be eligible for unemployment benefits, and have received these benefits for two months, it means that you were either laid off for lack of work or work force reduction, or you had a hearing and your reason for termination was deemed not disqualifying under Connecticut Compensation law. This means that when you originally filed for unemployment, the state agency contacted your most recent employer to make sure you met the eligibility requirements to collect benefits. Your past employer does not have the right to deny you benefits. The decision lies with the state agency, not the employer. An employer that wants to fight your claim for benefits must prove to the agency that you are not eligible. An employer only has twenty-one (21) days from the date of the decision to file an appeal.

Therefore, if an employer appeals an unemployment decision after 21 days the appeal may be denied, so it is unlikely that your former employer may contest the decision if you have received benefits for the past two months. There are some circumstances, such as if the employer has new information, in which an appeal may be raised. It would be most beneficial for you to consult an experienced employment law attorney who can review all of the facts of your employment and termination, as well as your claim against your former employer. This answer works under the assumption that you were previously granted benefits, however more information would be necessary to fully assess your situation.

If you have any further questions regarding employment law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at [email protected]

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Answered on 11/24/14, 8:18 am

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