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Marsha Mozammel wins hearing on behalf of former employee accused of misconduct
The law firm of Imbesi Law P.C., received notification of an award issued in favor of the firm's client. See A.L.J Case No. 015-00317
By: Imbesi Law P.C.
The Honorable Michelle Burrowes 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 insurance benefits because he was terminated for misconduct.
Specifically, the decision set forth the following:
DECISION: The initial determination, disqualifying the claimant from receiving benefits, effective October 28, 2014, on the basis that the claimant lost employment through misconduct in connection with that employment…is overruled.
The claimant is allowed benefits with respect to the issues decided herein.
Citing Matter of Vassallo, 125 AD2d 771 (3d Dep’t 1986) Judge Burrowes determined that Ms. Mozammel successfully proved that the employee’s conducts did not “rise to the level of misconduct.”
Hearing Requested: January 5, 2015
Decision Mailed and Filed: January 29, 2015
Claimant's Legal Representation:
Imbesi Law P.C.
450 7th Avenue, 14th Floor
New York, New York 10123
Imbesi Law P.C. represents both employees and employers involved in employment related disputes, including FINRA arbitration, FINRA expungement and New York Unemployment Insurance Appeals.