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My Former employee filed for NY unemployment. Is there

Hi, My Former employee filed for...
Hi,
My Former employee filed for NY unemployment. Is there provisions in the law that allow me to protect it? Basically my question is what can be a cause for protecting the former employee's claim. I just want to see if this worth while pursuing this option?Thanks!
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Answered in 5 minutes by:
10/10/2017
Legal Expert Justin
Category: Employment Law
Satisfied Customers: 185
Experience: Attorney
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Hello! My name is ***** ***** I'll be the Expert assisting you today. Can you please clarify what you mean when you say you want to protect the claim?

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Customer reply replied 1 month ago
PROTEST. Challenge the former employee claims. Sorry,My questions are what is considered a valid protest claim?

Why was the employee terminated?

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Customer reply replied 1 month ago
He didn't show up to work and as a result his production was low. I have it documented. Is this a valid reason?

Why didn't he show up for work?

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Customer reply replied 1 month ago
He didn't tell us the reason. I guess it was something personal.

In that case you probably have a good chance of protesting his claim successfully. Employees that are terminated for cause can't seek unemployment. So, if he was terminated for not showing up to his shift, that would be considered 'for cause.' However, if he was terminated because he simply couldn't keep up with the required production numbers (despite making an effort to do so), he probably would not be considered at fault, and could collect unemployment.

I hope I’ve provided the information you were seeking. If you are happy with my service, your 3, 4, or 5 star rating at this time is most welcome. If you need more help, please let me know so I can continue to assist you.

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Customer reply replied 1 month ago
thank you!Do you have a link or a NY reference for "for cause" examples? This was my initial questions.Thanks!

You are welcome. Here is the employer's guide published by the state of New York. It should have what you are looking for.

https://labor.ny.gov/formsdocs/ui/IA318.2.pdf

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Category: Employment Law
Satisfied Customers: 185
Experience: Attorney
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