Thursday, January 26, 2023

How To File Lawsuit Against Unemployment

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Judge Dismisses Lawsuit Against Vec After Agreement Reached

Lawsuit filed against state to restart unemployment benefits

RICHMOND, Va. – A judge has dismissed a lawsuit against the Virginia Employment Commission after an agreement was reached between the agency and plaintiffs.

Even though there are still plenty of ongoing issues at the VEC, a federal judge said it has made enough progress in addressing several of the significant problems.

Class-action lawsuit filed against VEC due to failures in unemployment insurance system

In April 2021, the lawsuit was filed by several legal advocate groups, including the Legal Aid Justice Center, over Virginias slow processing of unemployment claims. Among the major issues was the backlog of unpaid claims.

According to the Legal Aid Justice Center, in Aug. 2021, the VEC cleared up more than 95% of the backlog of unpaid unemployment claims awaiting adjudication that existed as of May 10, 2021. However the judge declined to dismiss the lawsuit at that time.

As to expected, throughout 2021 as claims were cleared, new ones were added.

We found out a couple days ago that theres a new backlog of about 7,500 unpaid cases that have stacked up since Oct. 15 of 2021, said Pat Levy-Lavelle, the Senior Intake Attorney with the Legal Aid Justice Center.

That number does not include the thousands of cases waiting for appeals, roughly 89,000 according to Levy-Lavelle. A VEC spokeswoman said those numbers are tied to Virginians who quit or were fired from their job and appealed, or those who were ineligible for unemployment benefits and appealed.

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You Probably Need More Friendsheres How To Make Them

2. Call the appropriate STATE legislator that represents you. They verify you live in their district, so be sure to reach out to the appropriate congressperson. Emails seem to take longer to get a response, so calling is faster as members of State Legislatures have people answering their phones.

3. Tell them your problem with unemployment and ask for their help. The congressmens office will have a designated person inside their office who handles unemployment issues. That person will tell you that they can connect to unemployment on your behalf and that they have been assigned a real person at the unemployment office to work with. They get you info, and then they work their magic. Youll find that they either fix the problem or get someone who can fix it at unemployment to call you. Give them a number you will answer. If it is your cell, be sure the ringer is on as unemployment will only call you once or twice, and if you miss them, there is no number to call them back. Do not miss the call.

4. The problem should get resolved within a week, and all the money due you will then be paid to you retroactive to the day you first filed for unemployment.

Joe emailed to say this strategy of contacting his state representative worked for him. It worked for my relative too, and the other ten people I have advised to try it. They were in different states, and it has been effective. Once your unemployment money starts, you file each week and get paid. Problem solved.

Unemployed Maryland Workers Push Lawsuit Over Backlogged Benefits Claims Trapped In Purgatory Awaiting Decisions

A group of unemployed Maryland workers whose lawsuit helped derail Gov. Larry Hogans attempt to end expanded federal unemployment benefits early are asking a judge now to address tens of thousands of claims that have languished in purgatory after being halted over paperwork issues.

The Unemployed Workers Union, a group affiliated with the Baltimore activist group Peoples Power Assembly, filed an amended lawsuit Wednesday against the state and Maryland Labor Secretary Tiffany Robinson reiterating its contention that scores of out-of-work Marylanders are being denied the benefits theyre entitled to after being falsely flagged for fraud or other issues.

Many claimants had their benefits stopped, denied or flagged for fraud without explanation or hearing or were placed in an on-hold status for months at a time or indefinitely, the lawsuit claims. Others were billed by the state for thousands of dollars in alleged overpayments without explanation or hearing.

Wednesdays class-action lawsuit is part of another legal challenge to the Hogan administrations handling of unemployment claims that led Baltimore Circuit Court Judge Lawrence Fletcher-Hill to order the state to keep paying expanded federal benefits through the beginning of September, when the federal programs are set to lapse.

Also Check: Where To Report Unemployment Fraud

Private Criminal Affidavits And Petitions

Other states’ laws allow a private person to initiate the criminal process but leave the prosecution of such actions to government attorneys. In Ohio, for example, a private person can file an affidavit with a reviewing official . If the affidavit alleges the commission of a felony, the reviewing official will issue an arrest warrant unless the official finds the allegations to be unfounded. If an arrest warrant or citation is issued, the case proceeds in the same manner as cases initiated by law enforcement, with the state prosecutor for the jurisdiction pursuing the case. .)

Uia Class Action Lawsuit

Apply for unemployment before April 5? You might need to file again

8/26/2022 UPDATE: NEW UIA CLASS ACTION FILED. In the federal court Complaint filed in Kreps v. Michigan UIA, the Plaintiffs represent Michigan Unemployment Claimants who never got the pandemic relief benefits they were promised, and others who had benefits halted based on determinations that are on appeal and have not become final. The Plaintiffs in the Kreps Complaint allege violations of Due Process rights under the US Constitution and also violation of a prior settlement agreement with the Unemployment Agency.

8/11/2022 SAUNDERS UPDATE: JUDGE CONFIRMS BROAD INJUNCTIVE RELIEF. In a new Clarifying Ruling Court of Claims Judge Brock Swartzle reaffirmed that the Courts Preliminary Injunction extends to halt all Agency overpayment collection activity against all Michigan UI Claimants who are waiting on timely pending protests and appeals. The Injunction will have sweeping impact for many thousands of UI claimants now facing unconstitutional overpayment collection activity.

In the Saunders UIA Class Action Complaint, Blanchard & Walker clients allege Michigans Unemployment Insurance Agency is illegally assessing overpayments and initiating collection activity against a broad class of UIA claimants who relied on pandemic unemployment assistance in 2020 and 2021. The Saunders lawsuit seeks injunctive and other relief to recover for unlawful collections that violate the Michigan due process rights of UI claimants.

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How To File A Complaint

The Wage and Hour Division is responsible for enforcing some of the nations most comprehensive federal labor laws. The workers who are protected by these laws often want to know: How do we do what we do?

Many investigations are initiated by complaints, which are confidential. The name of the complainant, the nature of the complaint, and whether a complaint exists may not be disclosed. An employer cannot retaliate against a worker for exercising their rights, filing a complaint or cooperating with an investigation.

Does A Lawsuit Settlement Affect Unemployment

Unemployment benefits are funded by both state and federal government and are administered by state agencies through a program similar to an insurance policy. If you receive money in a settlement, your unemployment benefits might be affected. Your right to collect unemployment benefits depends on how much money you currently collect that is job-related.

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Can I Sue The State For Not Paying My Unemployment Benefits When I Am Getting Letters In The Mail That I Can Collect

  • on Apr 10, 2012
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I would agree with Ms. Gill. The issue here is not whether you can sue the state, the issue should be, how can you get to the money you feel you should get. You will probably need to file sme form of formal request or application for unemployment. Making phone calls gets nothing on paper and doesn’t ensure that the right person speaks to you. You should search for an unemployment law attorney and discuss with them how you should go about re-applying for unemployment. You may need to appeal a denial if you have already re-applied. Search for an unemployment law attorney on this site or call your local bar association and have them refer you to one. Best of luck,

I Will Never Use Another Lawyer

Lawsuit filed against GDOL for delays in processing unemployment claims

We couldnt be more satisfied with Seans work and are so grateful we chose him to represent us. He works so diligently and tenaciously to get results, and somehow manages to combine being a consummate professional yet friendly and approachable. I was honestly terrified of receiving the final bill considering the hours upon hours he invested in our case after hearing nightmare lawyer stories from other people, but when I did I was shocked at how little he charged us. I never thought Id say I wanted to pay somebody more than they charged, yet this time I did. I will never use another lawyer we will use Sean for any and all representation we will ever need, and I urge others to do the same. Thank you, Sean!

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Locating An Employment Attorney To Assist You In Filing A Lawsuit

Upon request, the EEOC offices can provide you a list of local attorneys who have indicated to EEOC they specialize in labor and employment law the EEOC does not make specific recommendations.

The following organizations also provide directories of attorneys who represent workers if you are considering filing a lawsuit:

American Bar Association – A Lawyer Referral Directory of Services of the American Bar Association organized by state and by legal issue.

National Employment Lawyers Association: NELA is a national professional organization of attorneys who represent employees in employment law cases.

Workplace Fairness: The Workplace Fairness Attorney Directory features lawyers from across the United States who primarily represent workers in employment cases.

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Can I Sue My Employer For Unfair Treatment

Youve watched people of the same or lesser experience get promoted while you stay in the same position. You always get the weekend shift while your colleagues get the weekend off. You got fired because your boss had to let someone go and she liked you least. There are countless examples of actions at work you might consider unfair. But does that mean you have a legal claim against your employer? Unfair treatment at work can be demoralizing, but not all acts you might consider unfair or inequitable are actually grounds for a lawsuit. In todays posting, well talk about some of the common types of unfair treatment at work that can lead to a lawsuit against your employer.

Florida Woman Files Suit Against Deo Shares Tips

Legal Aid files federal suit to protect access to Unemployment.

CAPE CORAL, FLA Nikasha Wells, of West Palm Beach, says June 29, 2021, started out normally. And then she got a phone call.

“I couldn’t even click over fast enough. My hand was shaken so badly,” she said.

No, this wasn’t a call from the lottery board, but for her, it felt like it.

“It sounded like an angel. It was a woman a representative from the DEO.”

It’s a call she says she’d been waiting for, for months after her unemployment account was locked.

“She didn’t say anything about my lawsuit. Her exact words were that she got an email about my claim and she was there to assist me,” she said.

Yes, you read that right.

Wells was in the middle of suing the Florida Department of Economic Opportunity when she got that call in June and she credits her legal action for the response.

Since her story aired on FOX 4, many of you have wanted to know how she did it. So we asked her.

She said the first step to filing is to create an account at .

“You can literally on your computer file a lawsuit in any one of the 67 counties in the state,” she said.

In this case, because the DEO is based in Tallahassee, she says you’ll want to file in Leon county.

Next, she encourages you to get specific.

“Put all the details about your case, your name, your claim number, what issues you’re having with DEO,” she said.

There are costs associated with filing a lawsuit, even if you do it online. But, Wells says there’s a chance you can have those fees waived.

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Fee Agreements Are Negotiable

An attorney fee agreement is a contract between you and your lawyer. As when entering any contract, you can and should consider negotiating the terms. Ask the lawyer to tell you all of the fee alternatives that he or she would consider for the services that you are contemplating. Then you can make a proposal and try to get the best arrangement.

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Private Prosecutions And State Law

In the states where private prosecutions are allowed, state law provides the legal authority for the private individual to pursue a criminal case against another person. The authority can be found in a statute or court rule or in a state court’s judicial decisions .

Common law authority. In New Hampshire, the right to privately prosecute a case is found in the state’s common law, not in the state’s statutes. The state’s courts recognized the validity of private prosecutions by citing a state constitutional provision that retains the laws practiced in New Hampshire’s colonial courts. The same constitutional clause provides that the common law practices remain in full force unless the state legislature alters or repeals the common law. The state legislature has not acted to repeal or restrict private prosecutions, so private prosecutions remain part of the state’s criminal justice system. .) New Hampshire’s courts, however, have limited the types of criminal cases that can be privately prosecuted .

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In A Few States Private Individuals Who Believe They Have Been The Victim Of A Crime Can Pursue A Private Prosecution

The overwhelming number of prosecutions for violations of federal, state, and local laws are brought by agents of the federal or state governmentstate prosecutors, district attorneys, and U.S. Attorneys. But suppose a prosecutor declines to file charges, despite the urging of a complaining victim? In a few states, a private individual may file and prosecute criminal charges against another person for committing a crime against that individual.

As one of many English traditions exported to colonial America, private prosecutions predate the establishment of the United States. But the ability to prosecute privately does not apply in every state, nor does it extend to federal crimes. In 1981, the U.S. Supreme Court held that a private individual does not have a constitutional right to private prosecution. Because of this Supreme Court ruling, and because Congress has not passed laws providing for private prosecution, a private person does not have the right in federal court to prosecute an offense or hire an attorney to pursue a criminal case on the private person’s behalf. The laws of a few states, however, permit a private person to initiate and prosecute another person for some criminal offenses or hire a private attorney to do the same. .)

Violating No Raid Provisions

Unemployment claimant file lawsuit

It is common in many industries for an employee to leave a company to go work for a competitor. However, if two or more employees leave an employer to work for a competitor all of a sudden, it may be that one of the employees persuaded or solicited co-workers to terminate their employment and move as a group to the new company. Oftentimes, an employer will have a no raid clause in the employment contract, which prohibits any type of solicitation of other co-workers to terminate their employment and move to another competing employer. If this type of action is discovered, an employer may have legal grounds to sue the employee responsible for the sudden exodus of employees under breach of contract.

AN EMPLOYER MAY SUE AN EMPLOYEE FOR

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Unemployment Insurance Lawsuit: Interim Agreement Reached In Murphy Et Al V Vdol

Relief should be coming soon for Vermonters experiencing emotional and financial stress caused by significant delays in first level appeal hearings at the Department of Labor. Vermont Legal Aid and the Vermont Department of Labor have entered into an interim settlement agreement in the class action lawsuit filed in December 2021. The settlement agreement provides for a process to clear the backlog in unemployment appeals by May 1, 2022. The agreement also establishes benchmarks for progress and regularly reporting of VDOL data to VLA. A link to the settlement agreement is here.

Vermont law requires VDOL to hold unemployment hearings within thirty days after someone files an appeal. However, nearly two years after the coronavirus pandemic hit the state, Vermonters were still waiting up to six months for their hearing. People dont get unemployment benefits while their appeal is pending, so these continued delays were devastating for out-of-work Vermonters. For folks appealing wrongful overpayment notices, the stress of having thousands of dollars owed to VDOL, while waiting up to six months to have an appeal heard, was also overwhelming, sometimes seriously impacting mental health.

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