QUESTION
Are there lawyers in NYS willing to represent in NYS Supreme Court Appellate to appeal denial of UI benefits for a case involving CV19 vax mandate?
Asked on Jan 19th, 2023 on Labor and Employment - New York
More details to this question:
I have until April 2023 to file a Notice of Claim w/ Appellate Division of NYS Supreme Court for appeal of denial of Unemployment Benefits. Employer lied saying I quit but then changed it to "misconduct" after proof provided that I was fired despite seeking accommodations such as continuing to work remotely. Prior to accepting job offer, I informed employer of disability & asked if the vaccine would not be required as condition of employment. Employer agreed to hire me w/o requiring CV19 vaccine, so I accepted the position. Months later, employer denied religious exemption & terminated employment. Employer initially told Dept of Labor that I "quit" but changed it to "misconduct" after I provided evidence (letter and text messages) that I was fired despite efforts to keep job and obtain accommodations
1 ANSWER
Yes, of course. I'm working on a Third Department vaccine appeal presently. I dont follow your post, however.
April 233 to perfect your appeal? There's not notice of claim to the Appellate Division. The general timeline goes initial determination, request a hearing within 30 days, ALJ hearing, agency appeal within 30 days, Board Appeal, Notice of Appeal (Third Dept) within 30 days, then you perfect the appeal by filing your brief. The Notice of Appeal tells the Appellate Division what you are appealing and why. The brief expalins why the court should grant the appeal described in the Notice of Appeal. If you left something out of the Notice, you're generally screwed.
I'm not sure where you are on that timeline or what you have told the Appellate Division.
There is a huge differnce between arguing against the application of a vaccine mandate and arguing the ALJ made a mistake by believing an employer who was, according to you, lying.
All of that needs to be sorted.
Answered on Jan 20th, 2023 at 8:05 AM
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