Servicios Legales de PR (SLPR) GivingTuesday 2021

Our mission, and the purpose of the special fund created through this project, is to make certain that low-income communities and individuals have equal access to justice. The following true story exemplifies the needs that we address – and serves as our report on how your support through GlobalGiving continues to have an impact.

Solimarye is a young mother of two girls, ages 5 and 6. For more than two years she worked in a call center. As a result of the Covid-19 pandemic and the government lockdown orders, the company closed operations for several weeks. Later, she and other employees were allowed to work, remotely, which she did from her home.

 When the employer required a return to work on-site, at the call center, Solimarye asked to be allowed to continue working remotely since she did not have a caretaker for her two children, who were still studying remotely. The employer agreed, but for a very short time, and forced her to return by denying her a leave of absence, noting that "they would not retain a position for anyone." Because of the employer’s refusal to accommodate her needs and take care of her daughters, she had no choice but to resign.

Faced with this situation, she applied for unemployment. She was evaluated, deemed eligible and her benefit was approved. However, months later, she received notices from the Employment Security Bureau denying her benefit because of “voluntary abandonment” of employment and was asked to pay back the benefits received, which totaled about $14,000!

When she applied for our services, her case was handled by our Direct Service Center in the western town of Aguadilla. Legal representation was provided at an appeal hearing before an arbitrator of the Department of Labor.

At this hearing, it was possible to demonstrate that Solimarye was always able and available to work, that she had no intention of leaving the job market, and that she tried to arrange with her employer to retain her job.

The arbitrator determined that, without options for the care of her daughters, her resignation was for good cause, that a constructive dismissal had been established by the employer's refusal to provide tools for the protection of the worker. Therefore, the Employment Security Bureau’s determination was revoked.

This decision allowed Solimarye to keep the income she received from unemployment benefits, which if she had to repay would have placed her in a very, very difficult situation.

We thank you for your continued support. Visit our website servicioslegales.org, or our social media channels to keep up to date of PRLS’ response to our critical client needs.