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We fired an emp for misconduct (she forged a medical instrument). She did not claim unemployment. Now she is filling

Syracuse, NY |

and we received this dertermination: The claimant had subsequent employment after working for you and before filing this claim, having earned renumeration in this subsequent employment = to or exceeding 5 times the benefit rate payable on the claim. Therefore, any potential disqualifications for discharge due to misconduct with you does not apply. For this reason, no determination will be made, and your account is chargeable under Section 581.1e. WHAT??? We had an arrestable offense we fired an employee for and we still have to pay? Please explain this to me before my brain explodes. Thank you!

Attorney Answers 1


  1. Unfortunately this is how unemployment works in New York State.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

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