Unemployment Benefits – Page 2

May 30, 2014 by mjpospis

Court Upholds Unemployment Benefits Where Claimant Quit Due to Sexual Harassment

In Matter of Gascon (decided May 29, 2014), the Appellate Division, Third Department, upheld a decision by the Unemployment Insurance Appeal Board that the claimant was entitled to receive unemployment insurance benefits. In this case, the claimant asserted that she “quit due to persistent and escalating sexual harassment by her supervisor, the owner” of her employer.…

Plaintiff Sufficiently Alleged Retaliation Based on Defendants’ Opposing Unemployment Benefits and “Frivolous” Counterclaims in Sexual Harassment Case

The Southern District of New York recently reiterated, in Wermann v. Excel Dentistry PC, that “a plaintiff may bring a retaliation claim stemming from an employer’s opposition to her unemployment benefits application” and that “filing retaliatory counterclaims may violate” the New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL). The…