This week one of Attorney Murphy’s clients, Mr. McCabe, a cashier, received a favorable unemployment administrative decision after a fairly contentious hearing. The decision overturned the original determination to deny Mr. Mcabe benefits. At issue was whether not counting money at the beginning of a workshift was sufficient to deny Mr. McCabe unemployment benefits. Attorney Murphy elicited testimony from Mr. McCabe which supported Attormey Murphy’s argument that Mr. McCabe committed no intentional wrongdoing. Instead, Mr. McCabe’s testimony established that personal problems at home distracted him at work. Accordingly, the unemployment adminstrative decision noted that “given the claimant’s state of mind, his actions do not subject him to disqualification under the Law.”
Attorney Murphy points out that depending on the nature of a workplace mistake and reason behind it, an employee should not be terminated in the first place, let alone be denied unemployment benefits. See McCabe v. Kinko’s Inc., Docket No.: 618048.