The Honorable Lorraine Ferrigno issued an award, in favor of the firm's client, after an in-person hearing was conducted. The decision overruled a determination by the Department of Labor that the employee was not entitled to unemployment benefits because he was not available for employment and did not timely submit a request for a hearing.
DECISION:
The initial determination, disqualifying the claimant from receiving benefits effective July 7, 2012, on the basis that the claimant lost employment through misconduct in connection with that employment and holding that the wages paid to the claimant by the employer prior to July 7, 2012 cannot be used toward the establishment of a claim for benefits, is overruled.
The claimant is allowed benefits with respect to the issues decided herein.
Hearing Requested:
Decision Mailed and Filed: November 15, 2012
Claimant's Legal Representation:
Brittany Weiner
Imbesi Christensen
450 7th Avenue, 30th Floor
New York, NY 10123
