Voluntary Departure Started by Voluntary_Departure , Oct 10 2013 05:16 PM Please log in to reply 2 replies to this topic 1 posts Posted 10 October 2013 - 05:16 PM I was told by NY State that I was being denied UI benefits because it is a "voluntary departure" I am currently suspended...not fired, not layed off...just suspended until my dwi arrest is settled with no access to the facility to work. It has been 7 months now and it is going to trial. This event of being suspended is normal practice and I'm not disputing that. I am however disputing that it was voluntary. I was told by my Employer that I should be able to collect Unemployment. I am close to losing my house and everything that I have worked so hard for. Any help would be muchly appreciated. 2,115 posts Posted 10 October 2013 - 09:07 PM I think that the rationale is that you voluntarily drove drunk and the consequences are just more serious than you imagined when you got behind the wheel while intoxicated.
You were likely suspended for misconduct and that makes you ineligible for unemployment benefits.
However, the NY Appellate Division has noted (in numerous decisions) that:
"Alcoholism can excuse disqualifying misconduct if there is substantial evidence to show that an employee is an alcoholic, that the alcoholism caused the behavior leading to the employee's discharge and that the employee was available for and capable of work"
In the cases listed at that link some claimants got benefits, some didn't. Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk. 57,794 posts Posted 11 October 2013 - 07:03 AM I presume your post means that your job depends on the ability to drive? If so, all you can do is challenge the determination that the departure is voluntary due to behavior. How you achieve that, I don't know. Unfortunately, this may be simply part of the price you pay for the choices made. (In the end, given the average unemployment benefit Workers Compensation Directory (which sucks), you'd likely be in the same financial boat even with the benefits. Unclear why you wouldn't try to "settle" the issue of the charges before now, though I gather you're indicating you intend to plead not guilty and it's taking this long to get a trial date. I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation. <br>For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/227812-voluntary-departure/