Recently, Attorney Murphy represented a former bank teller against Bank of America (BOA) in an unemployment insurance administrative appeals hearing. BOA terminated Attorney Murphy’s client because of an alleged violation of the bank’s anti-money laundering policy. Notably, however, this client was a supervisor at the bank for over 5 years, and an outstanding employee. Attorney Murphy investigated the banking transactions at issue and after analysis of his client’s case Attorney Murphy concluded that the bank had no grounds for the termination of employment.
Thereafter, Attorney Murphy represented his client at the Division of Unemployment Assistance (DUA) appeals hearing, and upon cross-examination of BOA’s representative it became readily apparent the termination was groundless. Essentially, Attorney Murphy got the BOA representative to admit under oath that the bank did not conduct a proper investigation of the transactions in question. Furthermore, Attorney Murphy offered into evidence BOA communications which supported this notion.
Then, because of time constraints the hearing got continued to a second session. Thereafter, Attorney Murphy and his client appeared at the second session, but the BOA representative failed to show.
Accordingly, the DUA reversed the decision and determined Attorney Murphy’s client eligible to receive unemployment benefits.