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Rhode Island

 

The Unemployment Help Center, Ltd, represents Rhode Island Claimants at Unemployment Compensation Hearings and Appeals. (Appeals from the Determination)   We provide highly experienced Hearings Representatives who can, and will, fight for your Rhode Island Unemployment Compensation benefits  

We have handled hundreds of Rhode Island unemployment cases over the past twenty-five years and would be happy to discuss your Rhode Island unemployment appeal with you.

 

Contact us using the form below

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Rhode Island Claimants who are separated from their employers for any reason other than a lack of work, such as voluntary leaving or discharge, will need an adjudication interview. Rhode Island Claimants may also need an adjudication interview for non-separation issues such as refusal of work, not being able and available for full time work, and deductible income such as private pensions and severance pay.

The Rhode Island Central Adjudication Unit (CAU) at the Department of Labor & Training conducts the initial investigation, which is also known as the adjudication interview. The adjudication interview is a fact-finding interview and is conducted by telephone only. On the day of the interview, an adjudicator (investigator) will contact the claimant and the employer to obtain the facts relating to the issue. A decision whether to allow or deny a claimant benefits will be based upon the facts obtained, the Rhode Island Unemployment Insurance laws, and the documentation provided to us by the claimant and the employer.

Claimants scheduled for an adjudication interview will receive written notification  of the date and time of the scheduled telephone interview. Claimants should not report to the Department, as interviews are not conducted in-person. Claimants must also continue filing for benefits while their claim is pending a decision from CAU. If eligible, the Unemployment Insurance Unit will release payments due.

If a claimant is denied benefits and disagrees with the CAU decision, he/she has the right to appeal that decision and must do so in writing within fifteen (15) days of the mailing date of the decision. CAU decisions may be appealed online atwww.dlt.ri.gov/ui/FormsUI.htm, by submitting a request in writing to the Central Adjudication Unit at PO Box 20067, Cranston, RI 02920-0941 or by FAX at (401) 462-8318. Claimants may send questions about the Central Adjudication Unit at the Department of Labor & Training to UIhelp.

If a claimant appeals the CAU decision, a Rhode Island Referee at the Board of Review will conduct the second investigation, also known as a Referee hearing. Once an appeal is filed, the case will be assigned to a Referee (Hearing Officer) at the Rhode Island Board of Review who will schedule an in-person hearing, at which time the claimant and the employer may state their argument in detail. After the hearing with the Referee, a written decision from the Referee will be mailed within 10 days of the hearing date. This decision will inform the claimant and the employer as to whether the initial decision from CAU has been affirmed, modified or dismissed. Claimants should continue using Teleserve via the internet or over the phone each week while awaiting the decision on their case.

Information on preparing your case and the procedure for a Referee hearing can be found on the Board of Review website. The Board is an impartial authority not under the direction of the Department of Labor and Training.

If you are pending a decision from a Referee at the Board of Review, you may email questions to help@uchelpcenter.com

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On Jan. 1, Rhode Island became the last state to let private employers pay staff less frequently than every week. But to do so, companies must run a regulatory gauntlet that includes seeking state certification every two years, posting a surety bond, and winning union approval if some workers are covered by collective bargaining agreements.

While many states have struggled to jump-start growth and jobs, Rhode Island's regulations, tax structure and overall cost of doing business offer a cautionary tale. It's No. 49 among states in CNBC's 2013 places to start a business, No. 46 on the Tax Foundation's 2013 rankings, and No. 45 on a 2011 index of tax competitiveness from the Council on State Tax Foundation and Ernst & Young.

And Rhode Island has the highest unemployment rate of any state, 9.1% in December, up from 9% in November.

 

Read More At Investor's Business Daily: http://news.investors.com/022114-690747-rhode-island-business-climate-boondoggle-unemployment-high.htm#ixzz2txxnXu88 
Follow us: @IBDinvestors on Twitter | InvestorsBusinessDaily on Facebook

 

 

 
 
 
 
 
 
 
 
In Robert F. DeLuise v. Department of Labor & Training, :Board of Review (Rhode Island Unemployment case) the Court held: 
 
Referee found the following facts:
* * *
The claimant worked as the executive chef. The claimant was warned regarding his conduct with subordinates during work time. After having been counseled, the claimant continued with his intimidating manner and had pulled down an employee‘s pants on more than one occasion. The claimant acknowledged inappropriate action but said that it was not meant to be intimidating; it was done in good humor. Claimant was discharged.
 
In cases of termination, the employer bears the burden to prove by preponderance of credible testimony or evidence that the claimant committed an act or acts of misconduct as defined by the law in connection with his work. It must be found and determined that the employer has met their burden.
The credible testimony supports the continued inappropriate behavior on the part of the claimant after having been issued written warnings.
Therefore, I find and determined (sic) that the claimant was discharged under disqualifying circumstances and benefits are denied.
 
The law in Rhode Island regarding Unemployment Benefits and used at Unemployment Hearings:
 
Rhode Island Employment Security Act, which specifically addresses misconduct as a circumstance which disqualifies a claimant from receiving benefits; Gen. Laws 1956 § 28-44-18, provides:
28-44-18. Discharge for misconduct. — An individual who has been discharged for proved misconduct connected with his or her work shall become ineligible for waiting period credit or benefits for the week in which that discharge occurred and until he or she establishes to the satisfaction of the director that he or she has, subsequent to that discharge, had at least eight (8) weeks of work, and in each of that eight (8) weeks has had earnings of at least twenty (20) times the minimum hourly wage as defined in chapter 12 of this title for performing services in employment for one or more employers subject to chapters 42 – 44 of this title. Any individual who is required to leave his or her work pursuant to a plan, system, or program, public or private, providing for retirement, and who is otherwise eligible, shall under no circumstances be deemed to have been discharged for misconduct. If an individual is discharged and a complaint is issued by the regional office of the National Labor Relations board or the state labor relations board that an unfair labor practice has occurred in relation to the discharge, the individual shall be entitled to benefits if otherwise eligible. For the purposes of this section, "misconduct" is defined as deliberate conduct in willful disregard of the employer's interest, or a knowing violation of a reasonable and uniformly enforced rule or policy of the employer, provided that such violation is not shown to be as a result of the employee's incompetence. Notwithstanding any other provisions of chapters 42 – 44 of this title, this section shall be construed in a manner that is fair and reasonable to both the employer and the employed worker.
In the case of Turner v. Department of Employment and Training, Board of Review, 479 A.2d 740, 741-42 (R.I. 1984), the Rhode Island Supreme Court adopted a definition of the term, ―misconduct,‖ in which they quoted from Boynton Cab Co. v. Newbeck, 237 Wis. 249, 259-60, 296 N.W. 636, 640 (1941):
‗Misconduct‘ * * * is limited to conduct evincing such willful or wanton disregard of an employer‘s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employee‘s duties and obligations to his employer. On the other hand mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed ‗misconduct‘ within the meaning of the statute.
The employer bears the burden of proving by a preponderance of evidence that the claimant‘s actions constitute misconduct as defined by law.
 
 
We here at the Unemployment Help Center take this Rhode Island Unemployment Law and apply it to the facts of your case - call us or use the form below if you need any information 
 
 

 

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