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Maryland Unemployment Case Law
From the Maryland Judiciary site.
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A race track teller lives 60 miles from the track. The question is: Does she have to drive 60 miles each day to the track just to check the bulletin board there in order to show she is looking for work?
Cogdell, Facello, & Williams
These workers retired. They were paid a lump sum and a pension. This case is about whether this lump sum should keep them from collecting Unemployment.
An agency refers dental hygienists to dentists offices. The agency claims the hygienists are independent contractors, responsible for their own taxes. The DLLR says the agency has to pay their taxes. The court says pay. This case well illustrates the requirements to establish an independent contractor.
Giant Foods
These teamsters were on strike. Workers on strike do not collect.
Giant Foods
More of the above
Hider and White
The patient complained that his heart hurt. But these aides decided to go to their car and bring in some food for a bridal shower, before getting around to dialing 911.
While a worker was on total disability, there was a mass layoff at his company and he was laid off. A year later, when he was released to work, he filed for Unemployment. He was denied benefits, because he had not worked in so long that he had no earnings during the base period. But the court predated his claim and gave him unemployment anyway.
He quit to take another job which paid eight grand a year more and a bigger commission. Shortly after, the new job laid him off. Now he can't collect unemployment because he quit his previous job for a better job.
She repeatedly failed to remit the day's receipts to headquarters. This is a thorough discussion of this state's distinction between simple and gross misconduct.
He quit his $9 an hour no benefits job to take a $12 an hour job with benefits. Who wouldn't? Shortly after, the new job laid him off. Now he can't collect unemployment because he quit his previous job for a better job. This makes no sense.
When her husband owned the business, she came and went as whenever she felt like it. When someone else bought the place, she got fired for poor attendance.
Her county job required a drivers license. She lost it because of drunk driving. So the county fired her. The county said that, by choosing to drink and drive, she disqualified herself from her job, and so she voluntarily quit. The court says she collects, because they fired her.
Westinghouse Electric
Westinghouse told 33 employees they would be downsized. For two months, Westinghouse paid them their same pay (without requiring them to work), gave them vacation pay, gave them severance pay, and even set up a special resource center to help them find new jobs. The court says they collect Unemployment for those two months, because Westinghouse didn't require them to work!
A bartender got pregnant and had to quit bartending. But she claimed she did not quit voluntarily.
A truck driver calls up from the road, says he quits, abandons his truck, with a load on it, leaving the keys in the wheel well. Then he applies for unemployment. Says he quit because they worked him too hard.
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