Legal Question in Employment Law in New York

I recently had a hearing because my former employer claimed I was fired for misconduct. At the hearing, my former employer stated under oath that I was fired for poor work performance (which is what I claimed when I first filed for UI benefits)...they hired an outside consulting firm that resulted in them contesting my benefits. They claimed I was fired for using the company computer for personal use. I was able to show that this is a policy that is NOT enforced on any employee in the company. Once the ALJ heard her say that I was terminated for poor performance; that means the decision should go in my favor...correct?


Asked on 9/30/09, 3:14 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Generally speaking, unemployment benefits are denied for misconduct. There is no way for an attorney to reach into the mind of an ALJ and to give you a definitive answer on how she or he will rule on your particular case.

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Answered on 10/13/09, 8:34 am


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