Unemployment Specific Legal Issues and Special Circumstances
Every claim for unemployment is unique in its own way, but we have found certain issues come up repeatedly. These primarily have to do with situations where the DUA might find your departure voluntary, or that you were terminated for a disqualifying reason.
There are also specific issues that have come up in the last two years regarding pandemic unemployment. The rapid implementation of a brand new category of unemployment benefits during the pandemic led to many delays and much confusion on the part of both the DUA and people claiming benefits.
The following sections are meant to provide you a little more substantive information on the most common legal issues people are managing in the unemployment process.
Pandemic Unemployment Overpayment
Explanation of the overpayment notices, the appeal and waiver process, and grounds for defending against an overpayment notice.
Resignation for Family or Medical Reasons
Proving that your resignation for family or medical reasons was not "voluntary"
Resignation Because of Work Environment
Proving that your resignation was due to intolerable working conditions, including sexual harassment or bullying.
Resignation in Lieu of Termination
Proving that you resigned because you were facing termination for a non-disqualifying reason.
Termination "For Cause"
Proving that your termination was not due to a disqualifying reason.
Proving that your severance benefits required you to release legal claims
Traditional Unemployment and Independent Contractor Status
Challenging your independent contractor status in your unemployment proceeding.
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