Recently, Attorney Murphy received an unemployment benefits decision in favor of his client, a former assistant retail store manager. This case presented significant legal hurdles because the client quit her job. Indeed, the Division of Unemployment Assistance (DUA) determined the client not eligible to receive benefits despite the fact she informed the DUA that her employer forced her to quit.
Thereafter, the client retained Attorney Murphy. Attorney Murphy prepared his client for the administrative appeals hearing by emphasizing that her first-hand testimony would be critical to the outcome of the case. At the hearing Attorney Murphy elicited credible testimony from his client on direct examination and introduced evidence supporting the notion that she had no other option but to quit as a result of a hostile and toxic work environment.
Knowing that these types of cases are the most difficult to win, Attorney Murphy made a compelling closing argument which highlighted the fact that no person should be subjected to the underlying work conditions in this case; and in enacting the unemployment statute the legislature created special provisions to enable individuals like his client to receive unemployment benefits.
The DUA administrative hearings examiner agreed and found in favor of Attorney Murphy’s client. Aznavourian v. The Children’s Place Retail Stores Inc., DUA Decision Dec. 2013.
Attorney Murphy notes that it is essential for individuals contemplating quitting their job to consult with an employment attorney first. Counsel and guidance in these circumstances is necessary to ensure unemployment benefits after a separation from employment.