News & Analysis as of

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

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

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

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

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

UNEMPLOYMENT CLAIMS: Cursing employee denied unemployment benefits

Hard to believe, but this spring was the first time an Oklahoma case answered the question whether offensive language directed by an employee toward a supervisor disqualifies the fired employee from receiving unemployment...more

Utah Unemployment Law Update - Part 2

In this Issue: - Mobile Phone / Driving Laws - Unemployment Benefits - Facts - Procedural History - The Law - Court of Appeals Decision - Takeaway - Wrongful Termination - Religious...more

Neues zur Arbeitsbescheinigung

Bisher musste der Arbeitgeber bei jeder Beendigung des Arbeitsverhältnisses eine Arbeitsbescheinigung ausstellen, die alle notwendigen Angaben für die Gewährung von Arbeitslosengeld enthielt. Tatsächlich beantragt aber weit...more

New Financial Liabilities for Employers Under the Unemployment Insurance Integrity Act Now in Effect

Originally passed in 2011 as part of the Trade Adjustment Assistance Extension Act of 2011 ("TAAEA"), the Unemployment Insurance Integrity Act ("Act") went into effect across the nation on October 21, 2013. The Act mandates...more

New Jersey Clarifies New Hire Reporting Obligations

New Jersey employers traditionally must provide certain information about new hires (name, address, date of birth, and social security number) and the company (name, address, and federal tax ID) to the State Department of...more

2013 Legislative Update

The Louisiana 2013 Regular Legislative Session closed on June 6, 2013. 1. the Louisiana employment discrimination law relative to veterans (La. R.S. 23:331); 2. the Louisiana Equal Pay for Women Act (La. R.S. 23:661...more

Mississippi Court Holds Disrespectful Employee Eligible For Unemployment Benefits

In Mississippi, a person’s receipt of unemployment compensation is based on the reason(s) that their prior employment ended. Typically, the Mississippi Department of Employment Security will deny unemployment compensation...more

A Bad Smoke Break

A recent Missouri case demonstrates the importance of documentation when defending against unwarranted unemployment claims. The case also underlines the need for the reforms passed by the Missouri General Assembly and pending...more

Arizona Court Of Appeals Decision Highlights Employer’s Burden Of Proving Disqualification From Unemployment Benefits

The Arizona Court of Appeals recently issued an opinion overturning the Unemployment Insurance Appeals Board’s denial of unemployment benefits to an employee who was terminated for excessive tardiness. ...more

Bill Introduced in NJ Assembly to Limit Enforcement of Non-Compete and Non-Solicitation Agreements

A bill introduced in the New Jersey Legislature on April 4, 2013, Assembly Bill 3970, seeks to prohibit enforcement of agreements restricting departing employees from competing, disclosing confidential information, or...more

Are “Working Interviews” Legal?

One of my dental practice clients called this week to inquire about an idea they heard of recently called a “working interview.” The idea is to have an hygienist come in for a couple of days to find out whether they are good...more

Employee's History Of Absenteeism Sufficient To Deny UC Benefits Even If Final Incident Justified

Historically, in determining whether an employee discharged for absenteeism and tardiness was eligible for unemployment compensation benefits, the court’s analysis had focused on the final incident that led to termination....more

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