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Great question! In Donna& #39;s hypo:
https://abs.twimg.com/emoji/v2/... draggable="false" alt="1⃣" title="Keycap digit one" aria-label="Emoji: Keycap digit one"> The worker may be disqualified from benefits at any of a half-dozen levels of review of her claim, and
https://abs.twimg.com/emoji/v2/... draggable="false" alt="2⃣" title="Keycap digit two" aria-label="Emoji: Keycap digit two"> The worker& #39;s benefits will be interrupted if she is disqualified at one level even if her disqualification is reversed on appeal. 1/ https://twitter.com/DonnerKay/status/1243547187935694852">https://twitter.com/DonnerKay...
Congress is funding EXPANDED benefits, but employers appear to still be responsible for BASE benefits—in duress, a YUGE temptation to object to claimed filed by any workers they expect they won& #39;t be able to rehire.
Here& #39;s a pre- #COVID19 example of how that process works: 2/
Here& #39;s a pre- #COVID19 example of how that process works: 2/
Acy v. MESC and Wal-Mart—Wal-Mart fired an employee of five years (Acy) after she uttered a curse word under her breath in the presence of a customer on one occasion.
https://abs.twimg.com/emoji/v2/... draggable="false" alt="👇" title="Down pointing backhand index" aria-label="Emoji: Down pointing backhand index">https://abs.twimg.com/emoji/v2/... draggable="false" alt="👇" title="Down pointing backhand index" aria-label="Emoji: Down pointing backhand index">https://abs.twimg.com/emoji/v2/... draggable="false" alt="👇" title="Down pointing backhand index" aria-label="Emoji: Down pointing backhand index">https://abs.twimg.com/emoji/v2/... draggable="false" alt="👇" title="Down pointing backhand index" aria-label="Emoji: Down pointing backhand index"> 3/ https://caselaw.findlaw.com/ms-court-of-appeals/1073889.html">https://caselaw.findlaw.com/ms-court-...
Acy claimed unemployment benefits and received eight weeks& #39; benefits at $164 per week.
Wal-Mart object, arguing that Acy was fired for misconduct. The referee agreed with Wal-Mart, disqualified Acy from benefits, and ordered Acy to pay restitution of approx. $1,000. 4/
Wal-Mart object, arguing that Acy was fired for misconduct. The referee agreed with Wal-Mart, disqualified Acy from benefits, and ordered Acy to pay restitution of approx. $1,000. 4/
Acy appealed and lost at the Board of Review. Then, Acy appealed and lost in Circuit Court. Finally, she appealed and won at the Court of Appeals, in a 4-3 ruling with 3 judges recused. 5/
Even though Acy& #39;s victory meant that she did not have to repay benefits that she had received before she was disqualified, Wal-Mart& #39;s objection succeeded in cutting off Acy& #39;s benefits when she needed them to continue. 6/
Also, the dissent by Judge Griffis* and the lower decisions for Wal-Mart show that trivial claims of misconduct offered to disqualify workers from unemployment benefits can be persuasive in Mississippi& #39;s system.
*Now #JusticeGriffis. 7/
*Now #JusticeGriffis. 7/
(I could have picked a more recent case than Acy& #39;s, decided in 2007. I picked this case to draw attention to #JusticeGriffis& #39; permissiveness of disqualifications from UI benefits. He is on the ballot in November.) 8/
Congress protected workers who may ALREADY HAVE the virus and are quarantined (if they work for a covered employer)— but the #COVID19 laws don& #39;t protect workers who want to stay home from work to AVOID getting the virus. 9/
Moreover, the Mississippi legislature passed a law in 2013 that preempts any/all local wage/hour rules, so Mississippi workers seeking to AVOID the virus are at their employers& #39; mercy absent protection at the state level. 10/ https://twitter.com/jallen1985/status/1238257421132410889">https://twitter.com/jallen198...
A few things to note:
https://abs.twimg.com/emoji/v2/... draggable="false" alt="🔘" title="Radio button" aria-label="Emoji: Radio button"> Most employers will do the right thing
https://abs.twimg.com/emoji/v2/... draggable="false" alt="🔘" title="Radio button" aria-label="Emoji: Radio button"> Employers won& #39;t screw over workers they expect to rehire
https://abs.twimg.com/emoji/v2/... draggable="false" alt="🔘" title="Radio button" aria-label="Emoji: Radio button"> Some disqualifications will occur because of GOOD-faith employer allegations of misconduct
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But there are record-high UI claims, and businesses are struggling to pay workers still on payroll.
In other words, a wave of bad-faith disqualifications is coming to MS, and nearly all workers whose benefits are disputed will have to defend their claims pro se. 12/
In other words, a wave of bad-faith disqualifications is coming to MS, and nearly all workers whose benefits are disputed will have to defend their claims pro se. 12/
The wave of bad-faith employer objections offered to disqualify workers from benefits will start as a slow trickle but will accelerate fast—just like diagnoses of #COVID19—and workers won& #39;t start receiving notices about objections for another week or two. 13/
But there will be a surge in demand for information among pro se claimants who aren& #39;t familiar with the UI system.
They& #39;ll need info about how the process for resolving disputed claims works and also about the lead case precedents on misconduct, voluntary quits, etc. 14/
They& #39;ll need info about how the process for resolving disputed claims works and also about the lead case precedents on misconduct, voluntary quits, etc. 14/
MS press outlets should consider the coming wave of demand for information an opportunity to generate traffic. Info about defending UI claims could be among their most-read pieces in upcoming weeks and months. 15/
