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Great question! In Donna's hypo:
The worker may be disqualified from benefits at any of a half-dozen levels of review of her claim, and
The worker'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
The worker may be disqualified from benefits at any of a half-dozen levels of review of her claim, and The worker'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
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't be able to rehire.
Here's a pre- #COVID19 example of how that process works: 2/
Here'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.
3/ https://caselaw.findlaw.com/ms-court-of-appeals/1073889.html
3/ https://caselaw.findlaw.com/ms-court-of-appeals/1073889.html
Acy claimed unemployment benefits and received eight weeks' 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's victory meant that she did not have to repay benefits that she had received before she was disqualified, Wal-Mart's objection succeeded in cutting off Acy'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's system.
*Now #JusticeGriffis. 7/
*Now #JusticeGriffis. 7/
(I could have picked a more recent case than Acy's, decided in 2007. I picked this case to draw attention to #JusticeGriffis' 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'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' mercy absent protection at the state level. 10/ https://twitter.com/jallen1985/status/1238257421132410889
A few things to note:
Most employers will do the right thing
Employers won't screw over workers they expect to rehire
Some disqualifications will occur because of GOOD-faith employer allegations of misconduct
11/
Most employers will do the right thing Employers won't screw over workers they expect to rehire Some disqualifications will occur because of GOOD-faith employer allegations of misconduct 11/
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'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't familiar with the UI system.
They'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'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/
