Employment Law

Unemployment Compensation: Unemployment insurance provides workers, whose jobs have been terminated, monetary payments for a given period of time or until they find a new job. Below are some issues our office deals with in representing clients at Unemployment hearings and appeals.

· Gross Misconduct= If the Department of Labor determines the employee’s conduct rose to this level then the employee is not entitled to any unemployment benefits.

· Misconduct= If the Department of Labor determines the employee’s conduct rose to this level then the employee is disqualified from unemployment benefits for the first six weeks.

· Voluntarily Quit= If the Department of Labor determines the employee voluntarily left work without good cause attributable to work then the employee is disqualified from unemployment benefits.

Family and Medical Leave Act(FMLA):

FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:

• For incapacity due to pregnancy, prenatal medical care or child birth;
• To care for the employee’s child after birth, or placement for adoption or foster care;
• To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; or
• For a serious health condition that makes the employee unable to perform the employee’s job.

Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and if at least 50 employees are employed by the employer within 75 miles.

During FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.