Fried Frank won unemployment insurance benefits for pro bono client Ms. C in a hearing before the New York State Department of Labor. Ms. C., a certified nursing assistant (CNA), was fired for allegedly violating company policy when a patient slipped off of her wheelchair while Ms. C was preparing the patient for transfer from her wheelchair to her bed using a mechanical chair lift. The employer failed to present any firsthand testimony that the policy prohibited Ms. C's conduct, and the ALJ held that Ms. C's testimony was credible and unrebutted. In addition, the Judge held that hearsay evidence cannot prevail against sworn testimony when there is nothing in the record tending to impeach the sworn testimony.
Attorneys working on this matter:
Chelsea P. Azrak