Robert L. Buzzendore

Robert Buzzendore

The client was unsuccessful in her claim for unemployment. The Referee noted to each party at the conclusion of the hearing that they were well represented. Client sent an email after receiving the decision stating "Thank you for letting us know, and for all of your help." The issue related to whether client had good cause to quit when her supervisor recommended termination to the board which had the authority to terminate. Supervisor did not have authority to terminate her. The law states that one must wait for the proper authority to terminate or there is not the immediacy and finality needed to quit with good cause. In this case client quit before the board made that decision. We presented testimony about the procedure etc. in opposition but the Referee believed the employer's testimony and client acknowledged that she had not waited until the board acted on the matter. I had informed client this would be a difficult case because she did not wait for the board to act when it had the final authority on termination. It is correct that I advise clients not to volunteer information in response to questions due to legal strategy and not to provide information that was not asked for by me or opposing counsel.