This week, Attorney Murphy is very pleased to have received a favorable unemployment benefits decision for his client, which could not come at a better time of the year. The Division of Unemployment Assistance (DUA) originally denied the client’s unemployment benefits claim on the basis that the client committed either a violation of a company rule or deliberate misconduct which resulted in the client’s termination of employment. The client, however, claimed he did nothing wrong.
Attorney Murphy represented the client, pro bono, at the administrative appeals hearing by arguing that the former employer did not meet the statutory requirements to prevent his client from receiving benefits. The client testified credibly that he experienced medical difficulties on the day in question and provided medical documentation in support of his case.
The DUA review examiner agreed that the employer failed to meet its burden of proof and reversed the decision in favor of Attorney Murphy’s client. Nichols v. U-Haul Co. of Massachusetts, Dec. 2013