During the COVID-19 crisis, it is not only the spikes in positive virus tests, deaths, and hospitalizations that have come in waves. So have the job losses and their devastating effects on the lives of our New York City neighbors.
Our community first experienced massive lay-offs in the spring, when workers were desperately seeking legal assistance and advice just to gain access to unemployment insurance benefits applications. They were faced with busy signals, crashed websites, and a system completely overwhelmed by the immense need. And soon enough, many received inappropriate administrative decisions that required support upon appeal.
As the needs of our clients have evolved, the VOLS Unemployed Workers Project team has stood by their side every step of the way. We have served over 850 unemployed workers since March, trained dozens of volunteer attorneys, created resources for claimants and volunteers, and taken on unique legal issues to help our clients maximize their benefits in the face of financial ruin. In the words of volunteer attorney Rohit Malik:
“The CARES Act and Pandemic Unemployment Compensation Fund are often unwieldy and confusing for workers who recently lost their jobs due to the pandemic.
– Rohit Malik, Citi (and VOLS volunteer attorney)
“To know that having VOLS and partner organizations like Citi in their corner can relieve some of that anguish.”
Read below to learn more about the issues facing unemployed workers and VOLS’ response. And if you are planning to make a year-end charitable donation, please consider a gift to VOLS in support of our Unemployed Workers Project.
Thank you for being part of the VOLS community.
Best,
Peter Kempner & Tori Roseman
VOLS Unemployed Workers Project
Support VOLS’New York, TogetherAppeal Campaign
When disasters strike, New Yorkers have time and time again stepped up to the challenges facing our city. Today’s newsletter is part of VOLS’ New York, Together year-end reports on our 2020 impact and crisis response. Your generous support makes all the difference to the clients and communities we serve. Please donate today.
Volunteer Story: Rohit Malik
Rohit Malik, Senior Vice President and Assistant Vice Counsel at Citi, spoke at the VOLS On the Ground Briefing in October. Ro has a been a volunteer with the VOLS Unemployed Workers Project since his time at Skadden, and he has since helped countless clients with issues on unemployment insurance. We welcome you watch Ro’s recording, where he recounts the importance of this pro bono work.
VOLS thanks the many law firms and corporate law departments whose volunteers have powered our Unemployed Workers Project: Arnold & Porter, Akin Gump, Citi, Covington, Clifford Chance, Cravath, Debevoise, Dechert, Fried Frank, Kirkland & Ellis, Latham, One Zero Capital, Paul Weiss, Simpson Thacher, Skadden, and Winston & Strawn.
Click on the link below to:
A Closer Look: Unemployment Benefits & VOLS’ Legal Response
On March 27, 2020, the Federal Government launched the Pandemic Unemployment Assistance (PUA) program and other benefits, a part of the Coronavirus Aid, Relief and Economic Security (CARES) Act. Scores of claimants needed legal assistance to see if they were eligible for the enhanced benefits and if they could make a claim under the extended eligibility rules.
As the months passed these benefit programs evolved and/or sunsetted, bringing more questions from clients about how to continue their benefits in order to meet their basic needs. Most recently we have seen a wave of clients receiving notices from the New York State Department of Labor seeking to claw back benefits paid during the height of the pandemic.
Unemployed workers also faced issues that were unique to this moment. Starting mid-summer, hearings about PUA eligibility and claims began. All of these legal issues were novel: there were no appeal board hearings to refer to, no case law, nothing to use as the basis of the argument. We encountered claimants who are in positions never seen before – claimants who are trapped abroad, forced to move because they could not afford rent, not receiving timely or any notices from the Department of Labor, and those who are afraid to go to work in light of COVID-19. The favorable decisions we have received are the first of their kind. The unfavorable decisions offer opportunities to push back, to appeal, and to strengthen new legal arguments.
Additionally, VOLS has collaborated with the COVID 19 Task Force of the New York State Bar Association, in an effort to provide much needed relief for New Yorkers seeking guidance on unemployment insurance. This gave way to the NYSBA Pro Bono Initiative, in which VOLS was a leading voice, to assist struggling unemployed New Yorkers and reach as many claimants as possible.