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Posts Tagged ‘Unemployment Benefits’

Workplace bullying targets winning unemployment benefits appeals in New York State

Saturday, August 17th, 2013

davidyamadaThanks to a developing line of administrative appeal decisions, workers in New York State who resign their jobs due to bullying and employer abuse could still retain eligibility for unemployment benefits.

Under New York State labor law, workers who voluntarily resign without good cause are presumptively ineligible to receive unemployment benefits. Most other states follow a similar rule. Of course, this frequently leaves targets of workplace bullying in a bind when it comes to qualifying for unemployment benefits. All too often, quitting is the only way to escape the abuse.

That’s why I was so pleased to hear from James Williams, an attorney with Legal Services of Central New York, who sent news of a recent decision in a case he argued before the New York Unemployment Insurance Appeal Board.

Case Details

The claimant appealed a denial of unemployment benefits holding that he voluntarily resigned his job with a local government entity, without good cause. The Administrative Law Judge overruled the denial of benefits, rendering these findings and a decision:

The undisputed credible evidence establishes that the claimant left employment voluntarily . . . after being notified . . . that he was on probation, because he felt bullied, harassed and set up by his supervisor. I credit the claimant’s credible sworn testimony that his supervisor’s repeated criticism and scolding of him in a raised voice made him feel bullied and harassed, especially in the presence of other employees. I further credit the claimant’s credible sworn testimony that the supervisor’s actions including pointing and reprimanding him, consisted of the word “stupid”, and other language which embarrassed the claimant and that the claimant believed he was being ridiculed by the supervisor. An employee is not obligated to subject himself to such behavior. Given that the claimant had complained to the employer about the supervisor’s behavior just two months earlier, and that the supervisor’s mistreatment not only continued, but escalated, I conclude that the claimant had good cause within the meaning of the unemployment insurance Law to quit when he did. Additionally, while disagreeing with a reprimand or criticism about work performance may not always constitute good cause to quit, receiving reprimands in the presence of one’s co-workers may be. . . . Under the circumstances herein, the supervisor’s treatment of the claimant exceeded the bounds of propriety, with the result that the claimant had good cause to quit. His unemployment ended under nondisqualifying conditions.

Other Decisions

Attorney Williams relied upon previous decisions by the full Appeal Board holding that disrespectful and bullying-type behaviors that exceed the bounds of propriety (that appears to be the key phrase) may constitute good cause to voluntarily leave a job and thus not disqualify someone from receiving unemployment benefits. They may be accessed at the Unemployment Insurance Appeal Board website:

  • Appeal Board No. 571514 (July 3, 2013)
  • Appeal Board No. 559667 (February 28, 2012)
  • Appeal Board No. 558223 (January 25, 2012)
  • Appeal Board No. 549810 (September 10, 2010)

Jim added in an e-mail that potential New York claimants who may fit this scenario “are advised to take steps to try and save their jobs prior to quitting.  They will want to be able to show to the Department of Labor and to an ALJ that they took steps to try to change the situation – complaining to management, human resources, etc. – before quitting.”

Using These Decisions

The reasoning in these decisions is limited to unemployment benefits cases. Furthermore, the holdings of these cases are not binding upon unemployment benefits claims in other states. However, they can be brought to the attention of unemployment insurance agencies elsewhere as persuasive precedent.

In addition, this serves as an important lesson to those who may have been initially denied unemployment benefits after leaving a job due to bullying behaviors. It is not uncommon for initial denials to be reversed on appeal, and these cases provide genuine reason for optimism in situations involving abusive work environments.

This article originally appeared on Minding the Workplace on August 13, 2013.  Reposted with permission. 

About the Author: David Yamada is a tenured Professor of Law and Director of the New Workplace Institute at Suffolk University Law School in Boston.  He is an internationally recognized authority on the legal aspects of workplace bullying, and he is author of model anti-bullying legislation — dubbed the Healthy Workplace Bill — that has become the template for law reform efforts across the country.  In addition to teaching at Suffolk, he holds numerous leadership positions in non-profit and policy advocacy organizations.

 

Maine governor faces call for investigation on pressure to deny unemployment benefits

Thursday, April 18th, 2013

avatar_2563Maine Gov. Paul LePage is facing some blowback for pressuring unemployment hearing officers into denying more unemployment insurance appeals. A lawyers group is asking the federal government to investigate LePage’s actions:

LePage has violated federal laws requiring the impartial and prompt administration of unemployment insurance benefit, said David Webbert, president of the Maine Employment Lawyers Association, in a letter he sent Monday to Gay Gilbert, administrator of the federal Office of Unemployment Insurance, and Daniel Petrole, the deputy inspector general who oversees criminal investigations relating to the federal Department of Labor.Federal law mandates prompt payment of unemployment benefits, Webbert wrote, but LePage has created policies that delay payments, and he has put political pressure on hearing officers to deny payments to workers.

LePage’s Republican allies are predictably painting this as some kind of partisan—and therefore illegitimate—attack. But by the logic Republicans apply to everyone else, if LePage didn’t do anything wrong, he shouldn’t fear an investigation. And the allegations against LePage get to the heart of policy disputes between Republicans and Democrats … actually, not just Democrats, but anyone who doesn’t think business owners should automatically be favored by the government. If you lose your job, should you get a fair hearing for unemployment benefits? LePage says no. If, in saying no, he broke the law, he shouldn’t get away with it..

This article was originally posted on the Daily Kos on April 16, 2013. Reprinted with Permission.

About the Author: Laura Clawson is an editor at the Daily Kos.

End of Extended Jobless Benefits Hits More than 500,000

Tuesday, August 7th, 2012

Image: Mike HallThis month marks the end of the federal extended unemployment insurance benefits program for 35 states with the nation’s highest jobless rates. More than half a million long-term jobless workers have lost their unemployment lifeline.

Chad Stone of the Center on Budget and Policy Priorities (CBPP) says:

As we’ve explained previously, EB [extended benefits] will no longer be available in any state, not because most states’ economies have improved to anywhere near pre-recession conditions, but because they have not significantly deteriorated in the past three years.

The end of the program that provided up to 20 additional weeks of jobless benefits—in addition to the states’ usual 26 weeks—and the additional weeks available under the federal Emergency Unemployment Compensation (EUC), was part of legislation passed in February to keep the EUC alive through 2012.

That bill reduced the number of weeks of available to jobless workers and also changed the formulas that would trigger extra federal jobless benefits, in effect, cutting benefits even further by setting higher thresholds for unemployment pain. Click here for a closer look from the National Employment Law Project (NELP).

The cuts, a recent report in USA Today notes:

are nudging some Americans into poverty, straining social services just as states and localities face their own budget woes and further crimping weak economic growth as those who lose benefits spend less.

The average unemployed American has been out of work 40 weeks, according to the Labor Department, and there are still about three jobless people for every job opening.

If Congress doesn’t act when it returns after August recess, the situation for long-term jobless workers will grow even more dire because the entire federal EUC expires at the end of the year, leaving workers only state benefits upon which to rely.

Legislation to keep the EUC operating is expected. But with the Republican lawmakers’ track record of blocking, filibustering and other delaying tactics in previous attempts to extend the federal unemployment insurance benefits, the outlook is uncertain.

NELP’s George Wentworth told USA Today:

There’s going to be lots of people without any income still unable to find a job. You’re going to see these people not be able to feed their families and not able to pay their mortgages. It will have a devastating impact on a lot of local economies.

This blog originally appeared in AFL-CIO on August 7, 2012. Reprinted with permission.

About the author: Mike Hall is a former West Virginia newspaper reporter, staff writer for the United Mine Workers Journal and managing editor of the Seafarers Log. He came to the AFL-CIO in 1989 and has written for several federation publications, focusing on legislation and politics, especially grassroots mobilization and workplace safety.

At Least 30 Countries Have Unemployment Benefits More Generous Than The U.S.

Tuesday, April 17th, 2012

Image: Pat GarofaloAccording to data from the International Monetary Fund analyzed by Tim Vlandas, there are at least 30 countries with unemployment benefits that are more generous than those that go to American workers. The University of Missouri-St. Louis’ Kenneth Thomas broke the data down:

The metric used is the gross replacement rate (GRR) the ratio of unemployment benefits to a worker’s previous wages. The United States gives, on average, a miserly 27.5% of previous wages in unemployment benefits, behind 17 OECD members, though ahead of 11 others (no data was given for OECD members Iceland, Luxembourg, Mexico, Slovak Republic, and Slovenia). Not only that, the U.S. falls behind 13 non-OECD members, including Algeria, Taiwan, and Ukraine, all of which have at least double the replacement rate of the U.S.

The U.S. does rank ahead of the United Kingdom, New Zealand, and Australia, but trails Egypt, Azerbaijan, and Tunisia in terms of the amount of income replaced by unemployment insurance. And in the wake of the Great Recession, instead of fashioning a better unemployment insurance system, Republicans across the country have slashed benefits, even while some, such as Florida, have high unemployment rates. Meanwhile, Republican lawmakers in Congress have blocked andvoted against several benefit extensions.

But it remains the case that there are nearly four unemployed job seekers for every available job opening, making unemployment benefits a critical source of income for those who can’t find work through no fault of their own. And contrary to conservative claims that unemployment benefits are a “lifestyle,” those unemployed workers receiving UI stay unemployed less than two weeks longer than those who receive no benefits at all, according to research by the San Francisco Federal Reserve.

In 2009, average unemployment benefits were just $310 per week, with some states paying much less (like Mississippi, with its $192 weekly benefit). As the IMF data shows, that simply isn’t keeping up with the standard set by other developed (or not so developed) nations.

This blog originally appeared in ThinkProgress on April 16, 2012. Reprinted with permission.

About the Author: Pat Garofalo is Economic Policy Editor for ThinkProgress.org at the Center for American Progress Action Fund. Pat’s work has also appeared in The Nation, U.S. News & World Report, The Guardian, the Washington Examiner, and In These Times. He has been a guest on MSNBC and Al-Jazeera television, as well as many radio shows. Pat graduated from Brandeis University, where he was the editor-in-chief of The Brandeis Hoot, Brandeis’ community newspaper, and worked for the International Center for Ethics, Justice, and Public Life.

Deficit Craze Stiffs Jobless Again -- 3 Million Could Lose Benefits in July

Tuesday, July 13th, 2010

Image: Art LevineDeficit-mania has struck Washington again, with most Democrats and the Obama administration essentially accepting the propaganda of deficit hawks while also calling for extending unemployment insurance benefits. The result? The Senate failed again to pass a relatively bare-bones “stand-alone” benefits extension bill that doesn’t even include a COBRA extension, or aid to the states to pay for their swelling Medicaid rolls. Another modest $10 billion bill to help localities keep teachers on the job is also floundering, even though it’s paid for with spending cuts and legislative savings elsewhere in funding bills .

Any meaningful direct job-creation programs for the nearly 15 million Americans who are officially unemployed are also dead for now — despite a damning new report co-authored by the National Employment Law Project showing that it will take years to make up the jobs already lost. As even moderate pundit Eleanor Clift observed, after viewing a liberal panel calling for massive infrastructure programs to boost the economy, “The actual [unemployment] number, far higher than what the weekly stats tell us, is on the way to becoming a permanent feature of the new economy. And while governments scrambled to save banks, there’s no comparable urgency about creating jobs.”

After the vote, Senator Majority Leader Harry Reid vowed to try again when a new Senator from West Virginia is seated in the wake of the death of Democratic Senator Robert Byrd. Even the more Democratic-leaning House of Representatives (!) rejected earlier this week a stand-alone extension on Tuesday, too, although it passed a scaled-down one Thursday. But a new vote vote probably won’t take place until after the July 4th recess when Congress comes back into session on July 12th. If the procedure drags on through July, as a new report co-authored by the National Employment Law Project and Center for American Progress shows, the government estimates that over three million people could lose their benefits.

UPDATE: The House passed a short-term extension Thursday, but it’s too late to make a difference for those who will lose benefits before the full Congress resumes in July.

The key vote on the measure fell one short needed to overcome a GOP filibuster. Senator Reid declared (hat tip to The Washington Independent): “It is beyond disappointing that Republicans continue to stand almost lockstep against assistance for out-of-work Americans — especially since many of these same Republicans spent months protecting Wall Street and preserving tax cuts for CEOs who ship American jobs overseas.”

Politico highlights the political dynamics at work — and they don’t favor progressives or unions:

The death of Sen. Robert Byrd (D-W.Va.) this week and defection of Sen. Ben Nelson (D–Neb.), a fiscal conservative from a low-unemployment state, helped to seal the fate. But more than any other one issue, the impasse over jobless benefits has come to dramatize the Republicans’ almost single-minded focus on deficit reduction as an economic–and campaign–theme this election year.Just two Republicans, Maine Sens. Olympia Snowe and Susan Collins, joined in support of an estimated $34 billion bill to extend benefits through November. Early hopes of getting help from Sen. Scott Brown were dashed Wednesday when the Massachusetts Republican went to the Senate floor with his own alternative — heavily reliant on cutting unspent funds from last year’s giant recovery act.

Yet as the Campaign for America’s Future Dave Johnson points out:

The real deficit is jobs. That is one more of those things that everyone can see in front of their faces, but we’re told it isn’t what it is. There aren’t enough jobs, and we’re being told this is our fault because we wanted pensions and good wages and vacations and respect and dignity and please, sir, just a little slice of the pie.In case you haven’t noticed, the world’s economy is suddenly undergoing a classic “Shock Doctrine”-style, coordinated propaganda attack. The wealthy and powerful, having insisted that countries cut their taxes and run up debt, now insist that the middle class and poor must work harder, have their pensions reduced, sell off (to them) their publicly-held resources, and take other “austerity” steps to pay off the debt that these lazy, parasitic peasants dared to run up.

It was especially ironic that on the same day that the Senate bowed to the deficit-uber-alles crowd in Washington, AFL-CIO president Richard Trumka was trying to make the case to the President’s deficit commission — whose appointment reflects Wall Street’s conventional wisdom on deficit-cutting — on why expanding jobs and helping the jobless is good for the economy. As the AFL-CIO Now blog reported:

“We must have a job-centered approach to stabilizing the national debt, which would bring us closer to our goal of sustainable, broadly shared prosperity.”To a great extent, the size of the deficit depends on employment and growth. When employment and growth are weak, tax revenues are low and social assistance expenditures are high. When employment and growth are strong, the reverse is true.

He also warned the panel that ending stimulus spending that creates jobs and growth–as many Republican lawmakers are promoting–could send the U.S. and global economy into a double-dip recession, or worse. The Economic Recovery Act, said Trumka:

“did exactly what it was supposed to do. It increased the number of people employed by up to 2.8 million, increased the number of full-time jobs by up to 4.1 million and increased real GDP by up to 4.2 percent in the first quarter of 2010. But it wasn’t big enough.”

The harshest words for the deficit commission — whose ideology is helping fuel the Congressional rejection of jobs creation and unemployment benefits — was left for economist James Galbraith. As Firedoglake reports on his attack on the “cat food commission” (via the Roosevelt Institute):

For a quick snapshot, Galbraith’s testimony is divided into ten sections, which address the following points:-That the Commission’s work is illegitimate

-That current deficits and rising debt were caused by the financial crisis.

-That future deficit projections are generally based on forecasts which begin by unrealistically assuming full recovery

-That, having cured the deficits with an unrealistic forecast, CBO recreates them with another, very different, but equally unrealistic forecast.

-That the only way to reduce public deficits is to restore private credit.

-That Social Security and Medicare “solvency” is not part of the Commission’s Mandate.

-That as a transfer program, Social Security is also irrelevant to deficit economics.

-That markets are not calling for deficit reduction, either now or later.

-That in reality, the US government spends first & borrows later; public spending creates a demand for Treasuries in the private sector.

-That the best place in history (for this Commission) would be no place at all.

Galbraith’s conclusion: “”You are plainly not equipped, either by disposition or resources, to take on the true cause of deficits now or in the future: the financial crisis.”

Neither is Congress, which seeks instead to protect the tax breaks of hedge fund managers while denying unemployment benefits to the jobless and allowing nearly 30 million people to remain unemployed or under-employed.

This article originally appeared in Working In These Times Blog.

About The Author: Art Levine , a contributing editor of The Washington Monthly, has written for Mother Jones, The American Prospect, The New Republic, The Atlantic, Slate.com, Salon.com and numerous other publications. He can be reached at [email protected]

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