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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 56068
Experience:  Licensed attorney helping employers and employees.
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You need the background before the question. My employer was

Customer Question

You need the background before the question. My employer was a lawyer in New York for many years and ran the office as if it was a courtroom. I was employed from 12/1/14 thru 6/22/15. Laid off on 6/22/15 as owner said this was due to financial restraints
since his first two projects in Raleigh, NC and Boston, MA were not productive an did not bring in any monies, only expenses. He said he could not carry both assistants financially and was going to totally change his focus from Chapter meetings in 27 states
to move toward another path to inform people of his grassroots cause. He told the other assistant shortly after this that her last day was August 10th. after he returned from vacation. She is still there as no one has applied for the job. If one of us was
late, tardy, traffic issues, snowstorm slowdowns, doctor's appointments, etc. we would work through our lunchtime and/or after work. The owner did not think there was any reason to have personal appointments during the work day, however expected us to work
through our two ten minute breaks, 30 minute lunchtime, and after hours without overtime if he had a last minute project to be completed. I filed for unemployment, he challenged it, and I appealed. The date is August 31st for this to be decided. He challenged
the unemployment (Lay-Off) and said he fired me which he did not. He told his other assistant he laid me off the next morning. His listed several reasons for the past seven months which included not being on time, even though we had an agreement we could make
up time with lunches and working after hours. He says he had to be out of the office after 5:30 p.m. and he couldn't due to the office was above his garage and he had to wait until we were both gone. This is not true as he would leave for off-site lunches,
massages, yoga, meeting with his brokers, our PR firm, etc. He would also leave for out of state meetings and leave us to work a couple of days without any supervision. I am a 67 year old widow and only have my social security to live on. I am vigorously searching
for a job. I am eight weeks behind in unemployment payments and if this goes his way, I will lose my house, my car, my credit, etc. Please advise if you can assist me with this or are all of the unemployment laws favor the employer. I am a nervous wreck. Please
excuse any typos... Thank you, ***** *****
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.

I am in NY and sorry to read this situation.

Expert:  Infolawyer replied 1 year ago.

In challenging benefits employer will have to show and prove that you resigned or that you were terminated for cause.

Expert:  Infolawyer replied 1 year ago.

from facts provided i do not see employer meeting burden and should you be denied, you may pursue an appeal.

Expert:  Infolawyer replied 1 year ago.

made up reasons will be typically be cleared on review. I would not be especially concerned. Be specific with your tenure, performance, conduct and timeliness.

Expert:  Infolawyer replied 1 year ago.

Good luck. Let me know if the answer is clear and acceptable.

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