Former Employee of Capital One National Association Wins Unemployment Insurance Hearing

NEW YORK - April 14, 2017 - PRLog -- The former employee of Capital One National Association had initially been denied her unemployment insurance benefits when Capital One claimed that her loss of employment was due to misconduct on her part.

The Department of Labor issued the initial determination disqualifying the firm's client from receiving benefits on the basis that she lost employment through misconduct in connection with her employment and held that the wages paid to the firm's client by Capital One prior to her termination could not be used toward the establishment of her claim for benefits.

A Hearing was held on April 10, 2017, before The Honorable Craig Friskin, Administrative Law Judge and the Findings of Fact were as follows:

The client worked as a universal banker, for approximately ten years until her last day on or about January 26, 2017. On December 21, 2016, a customer asked the former employee of Capital One to transfer approximately $300,000.00 to her sister. The customer was advised that the transfer would be done in Euros. A form was completed and sent to a manager for approval. The completed forms indicated the transfer was in Euros, the exchange rate and the fees and the other pertinent information. The manager and the customer approved the transfer as indicated. A few days later the customer complained about the transfer. The employer discharged the former employee in connection with this transfer.

OPINION: Pursuant to Labor Law §593 (3), a claimant is disqualified from receiving benefits after having lost employment through misconduct in connection with that employment. Pursuant to Labor Law § 527, the wages paid in such employment cannot be used to establish a future claim for benefits.

The credible evidence established that a manager and the customer approved the paperwork indicating the transfer was in Euros, the exchange rate and the fees and the other pertinent information. Since a manager had approved the transaction, there was no misconduct by the former employee.

The Judge ruled that the firm's client was therefore entitled to receive her NY Unemployment Insurance Benefits although they had been originally denied.

Michael Redenburg represented the client and continues to represent individuals denied overtime pay as well. Mr. Redenburg has been recognized by three (3) different organizations which are invitation only and peer reviewed. In 2014-2017 Michael Redenburg was named a SuperLawyer, NY Metro Rising Star by Thomson Reuters and no more than 2.5% of lawyers in a state are given this rating. Attorney Redenburg was also named a Top 40 Under 40 attorney by American Society of Legal Advocates ("ASLA") and ASLA limits its membership to less than 1.5% of all licensed lawyers nationwide. Additionally, in 2014-2016 Attorney Redenburg was named Top 40 Under 40 by The National Trial Lawyers, which is invitation only, based on nomination and peer reviewed.

Mr. Redenburg maintains an office at 11 Park Place, Suite 817, New York, NY 10007.

http://www.mjrlaw-ny.com

212-240-9465

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