Unemployment Benefits

News & Analysis as of

Should An Employer Fight Unemployment? The Debate Continues . . .

You may remember that I stirred up some contentiousness a few weeks ago when I suggested that employers should not challenge unemployment claims except in the worst cases. ...more

Illinois Supreme Court Agrees to Decide Breadth of Misconduct Exception for Unemployment Benefits

In the closing days of its January term, the Illinois Supreme Court agreed to hear a case from Division 5 of the First District, Petrovic v. The Department of Employment Security. Petrovic presents an interesting issue on the...more

Michigan Court of Appeals Rules Medical Marijuana Users Discharged for Positive Drug Tests May Still Be Eligible for Unemployment...

In a published decision that may surprise employers, the Michigan Court of Appeals ruled that an employee terminated for testing positive for marijuana but who possesses a medical marijuana card is not disqualified from...more

Employer Properly Challenged CUIAB’s Determination That Worker Was Not An Independent Contractor

After leaving his job as a massage therapist at West Hollywood Community Health & Fitness Center (d/b/a “Voda Spa”), Mario Serban applied for unemployment benefits. The Employment Development Department sent Voda Spa a letter...more

Employer May Obtain Judicial Review of California Unemployment Insurance Appeals Board Decision

West Hollywood Community Health and Fitness Center v. California Unemployment Insurance Appeals Board, No. B248641 (December 5, 2014): A California Court of Appeal recently reversed a trial court’s dismissal of a writ of...more

NJ Supreme Court Clarifies Independent Contractor Standard under State Wage Laws

Last week, New Jersey’s highest court ruled in Hargrove v. Sleepy’s, LLC, No. A-70-12 (Jan. 14, 2015), that the so-called “ABC test” applies when determining whether a worker is an employee or independent contractor under the...more

Illinois Appellate Court Finds Admitted Off-Duty Marijuana Use Does Not Bar Unemployment Insurance Benefits

Is an employee entitled to receive unemployment insurance benefits after being terminated for admittedly smoking marijuana while on vacation? According to a recent, and counter-intuitive, decision by the Illinois Appellate...more

Employment Law Advice You Should Never Follow

This is terrible advice on so many levels. First, an employee who doesn’t have even the relatively minimal income provided by unemployment is going to be that much more likely to sue you — as a matter of financial survival,...more

Employee Who Admits To Smoking Marijuana Off-Duty and for Non-Medicinal Purposes Eligible to Receive Unemployment Benefits

If an employee admits to smoking marijuana and is subsequently discharged based on that admission, you would think that if the employee later files for unemployment insurance benefits he would be deemed ineligible…, right?...more

Discharge for Medical Pot Use Does Not Prevent Receipt of Unemployment Benefits

The prevalence of medical marijuana cards in the worker population in the auto industry has increased significantly since Michigan first passed the Michigan Medical Marihuana Act (MMMA) in 2008. While a medical marijuana card...more

Employee Fired for Working Additional Hours Eligible for UC Benefits Despite Prior Warning

In a recent unreported decision, the Pennsylvania Commonwealth Court considered a part-time employee's eligibility for Unemployment Compensation ("UC") benefits after she was fired for disregarding her employer's prior...more

The Obligation to Make Reports to DCF and Unemployment Compensation: Another Penalty For Failing to Notify DCF

Our state has a comprehensive requirement for certain employees (particularly in the medical and educational spheres) to make reports to the Department of Children and Families (“DCF”) of suspected child abuse and neglect. ...more

What Do I Do If I've Been Overpaid Unemployment Benefits?

A lot of times in workers’ comp cases, someone is out of work because of their work injury but are not getting workers’ comp disability compensation, either because the case has been denied or because the insurance company...more

Michigan Court of Appeals Says Fired Medical Marijuana Users Can Collect Unemployment Benefits

On October 23, 2014, the Michigan Court of Appeals ruled that employees discharged for having failed a drug test because of their medical marijuana use are not disqualified from receiving unemployment benefits....more

New Jersey Department of Labor Considering Amending Unemployment Benefits Regulations

The New Jersey Department of Labor is considering a series of amendments to the unemployment benefits regulations to bring the regulations in line with P.L. 2010, c. 37, a law that significantly amended the standards for...more

Court OKs Unemployment Benefits for Some Michigan Medical Marijuana Users

An employee who has a registration identification card issued under the Michigan Medical Marihuana Act (MMMA) may collect unemployment benefits if he is fired for a positive marijuana test, the Michigan Court of Appeals...more

California Legislation 2014

California Governor Jerry Brown has signed into law a number of bills that will impact the employer community. Healthy Workplaces, Healthy Families Act of 2014—Paid Sick Leave (AB 1522) - On September 10, 2014,...more

Marijuana Users in Michigan Eligible for Unemployment

Medicinal marijuana users in Michigan who are lawfully terminated by their employer for failing a drug test are, according to the Michigan Court of Appeals, entitled to receive unemployment benefits....more

Marijuana Card Saves Unemployment Benefits, Not Job

In the rapidly evolving interplay between federal and state employment laws, state medical marijuana laws, and employer policies seeking to maintain drug-free workplaces, an appellate court in Michigan has just concluded that...more

Tips for Taking Advantage of California’s Extended Unemployment Appeal Deadline

Busy human resources (HR) managers will be relieved to know that California has done something to make their job just a little easier. The State of California recently enacted legislation extending the time period to appeal...more

Unemployment Claims: Do You Really Want To Fight It?

There are a lot of misconceptions regarding unemployment claims filed by recently-departed employees. This article will try to shed some light on them and help answer the common question: “Should we fight an unemployment...more

California Court: Exceeding Break Times and Falsifying Time Records Is Grounds for Disqualification from Unemployment Benefits

Irving v. California Unemployment Insurance Appeals Board, No. B243417 (September 12, 2014): The California Court of Appeal recently held that a former employee was not entitled to unemployment insurance benefits after being...more

Quirky Question #241, Working for Free In Montana At A Start-Up Business

Quirky Question - I was laid off by my Montana employer and I have decided to help my brother with his start up business. I will be a 50% owner but we are not going to take a salary until revenue is substantial. An...more

School District Found to Have Engaged in ‘Bait and Switch’ on Teaching Assistant Unemployment Benefits

In Tameka Gladney v. Mississippi Department of Employment Security, the Mississippi Court of Appeals reinstated a teacher assistant’s unemployment benefits finding that the district had been less than fair to her. At the end...more

Gavel to Gavel: Helpful to employers

The Oklahoma Legislature has again amended the Oklahoma Employment Security Act, which governs unemployment benefits. The act has been amended several times over recent years in several significant respects. Originally...more

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