Can an unemployment insurance claimant receive benefits after resigning while charges are pending?

Yes. Normally when a claimant is terminated for cause they are disqualified from receiving Unemployment Insurance benefits. Additionally, a claimant who voluntarily leaves their employment without good cause cannot claim benefits.

In a case involving a paralegal working for the City the claimant, while charged with disciplinary infractions entered into a stipulation which waived her right to a hearing, found no wrong doing on her part and was able to obtain a neutral letter of recommendation, resigned her position.

The Unemployment Insurance Appeal Board granted benefits and the Appellate Division, Third Department, affirmed. The Court held, “[a] claimant who voluntarily leaves his or her position in the face of disciplinary charges may qualify for unemployment benefits if the actions did not amount to misconduct” (Matter of Jimenez [New York County Dist. Attorney’s Off.—Commissioner of Labor], 20 AD3d 843, 843 [2005] [internal quotation marks and citation omitted].

The claimant claimed that she was subjected to bullying and harassment and the determination that this was credible would not be disturbed on appeal.

In the Matter of the Claim of YOLANDA COHEN, Respondent. NEW YORK CITY DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, Appellant. COMMISSIONER OF LABOR, Respondent. Appellate Division of the Supreme Court of New York, Third Department. Decided July 27, 2017. 2017 NY Slip Op 05885


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