To Oppose or Not to Oppose: Unemployment Compensation Applications

| Mar 10, 2015 | Firm News

To Oppose or Not to Oppose: Unemployment Compensation applications. An employee is eligible to file a petition for unemployment compensation after the employment has been terminated. To remain eligible for unemployment benefits, the employee must show that he or she is ready, willing and able to work and continues to look for work during the compensation period. As an employer, you have the opportunity to oppose the employee’s application for UC benefits by asserting: (a) that the employee was terminated for willful misconduct, defined as a willful and habitual violation of company policy; or (b) that the employee voluntarily quit. However, before you exercise this right, as an employer, you should consider the following practical issues:

  1. As a business and practical decision, does it make sense to upset this employee further by opposing the UC application that will most likely result in a denial of benefits?
  2. Do you want to spend the time appearing at a UC appeal hearing to oppose those benefits in person?
  3. What is to be gained from a denial of the employees UC benefits when balanced against the potential cost of pushing this employee to file a claim (baseless or not) against your company.

It is worth doing a cost/benefit analysis before instructing your office manager or HR department to oppose benefits as a matter of policy.

2020 Solo Small Firm Conference-NJSBA
Ayesha Krishnan Hamilton
Attorneys in group photo
Ayesha Krishnan Hamilton
Employment Law for Employees
LawPay
Super lawyers Ayesha Krishnan Hamilton
Super lawyers Ayesha Krishnan Hamilton 2020