(Photo not that of the client.)
A single mother of two small children, “Denisha” came to JALA after she received a notice from the Department of Economic Opportunity (DEO) that she was overpaid $4,600 in unemployment benefits. Denisha had worked as a dental assistant in an office with six employees. After the pandemic started in March of 2020, the dentist cut the staff in half, even when new COVID health and safety measures required additional work for the staff. The dentist was placing extraordinary and unreasonable demands on staff, creating a hostile working environment. By November 2020, Denisha felt she had no choice but to resign. At that time she applied for and was approved for unemployment compensation benefits, which are now recognized as Re-employment Assistance benefits managed by the DEO. She received the maximum benefit allowed. Almost a year later, in September 2021 Denisha received the overpayment notice after her former employer appealed the approval decision for benefits claiming she had “voluntarily quit.” As the sole supporter of her kids, Denisha, who had only recently returned to work, had no way of repaying such a large amount. JALA attorney Edith Jones helped Denisha file an appeal that would allow her to have a telephone hearing where she could argue why she was eligible for the re-employment benefits and should not have to pay back the monies she received. Jones met with her for several hours where she was given detailed advice as to how to present evidence supporting her claim of constructive dismissal, which is a termination of employment that is oftentimes difficult to establish. Denisha successfully convinced the DEO Hearing Officer that she did not leave the job voluntarily, and the DEO reversed its position as to the overpayment and ruled in her favor. She was ecstatic about the outcome and grateful to JALA.
(Photo not that of the client. Name changed for privacy.)
