I Want To Sue Unemployment

When It Makes Sense To Handle Your Claim Yourself

It makes good sense to file your own unemployment claim if your situation is relatively straightforward. For most people, completing a claim form is a fairly simple process.

These forms vary by state, but you will probably have to provide some basic information about yourself, your work history, and your reasons for being unemployed.

Once you submit the form, the state unemployment agency may interview you, by phone or in person. The agency will also talk to your employer. Then, if you meet the eligibility requirements, the state will grant your claim and you’ll start receiving benefits.

To find out your state’s rules and procedures for filing a claim, contact its unemployment insurance agency see State Unemployment Agencies for links to each state’s agency.

Am I Eligible For Unemployment Benefits In Maryland

According to the Maryland Department of Labor, Licensing, and Regulations Division of Unemployment Insurance, you must meet the following three requirements to qualify for unemployment benefits in state:

• You must not be at fault for becoming unemployed, according to Maryland law.
• You must have earned at least a minimum amount of wages prior to becoming unemployed, according to a one-year base period .
• You must be available and capable of working, as well as actively seeking employment.

Being out of work through no fault of your own means being fired for lacking the skills to perform your duties, getting laid off, getting downsized for economic purposes, or losing your job in a reduction-in-force . However, if you were fired for misconduct, you may lose eligibility for benefits.

For instance, if simple misconduct was the reason for your termination, you will not qualify for benefits for ten to 15 weeks after being fired. If gross misconduct was the reason, then you must obtain new employment and earn 25 times your weekly benefit amount before qualifying for unemployment. Lastly, if aggravated misconduct was the reason, you must obtain new employment and earn at least 30 times your weekly benefit amount prior to being eligible for benefits.

Our legal team at The Law Office of Andrew M. Dansicker, LLC can evaluate your situation, determine if you are eligible for unemployment, and help you obtain the benefits you deserve.

Unemployment Insurance Claimant Advocate Office

Navigating your Unemployment Insurance claim, hearing or appeal may seem frustrating or confusing at times. We can help!

The Claimant Advocate Office operates within the Department of Laborâs Unemployment Insurance Division, separate from the Telephone Claims Center . Advocates provide free, impartial and confidential services that help claimants, particularly those with limited English proficiency or other barriers, understand their rights and responsibilities under Unemployment Insurance Law.

What issues can the Claimant Advocate Office assist with?

• Youâve received a determination or a questionnaire and donât fully understand it
• You were found ineligible for benefits and need the hearing process explained to you and
• You have an upcoming hearing or appeal and need help preparing for it.

When should I contact the Telephone Claims Center instead of the Claimant Advocate Office?

• You wish to file a new claim.
• You would like an update on the status of your new or existing claim.
• You have a specific question about your claim.
• You were instructed to contact the claims center.

I am not fluent in English. Can an advocate assist me?

Yes! Services are provided in approximately 200 languages. We can explain the Unemployment Insurance process in the language in which you are comfortable speaking.

How do I contact an advocate for help?

If you prefer to speak to an advocate, please call 528-5618. Our hours of operation are Monday â Friday, 9 a.m. to 4 p.m.

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Types Of Disability Policies

There are two types of disability policies.

• Short-term policies may pay for up to two years. Most last for a few months to a year.

• Long-term policies may pay benefits for a few years or until the disability ends.

Employers who offer coverage may provide short-term coverage, long-term coverage, or both.

If you plan to buy your own policy, shop around and ask:

• How is disability defined?

• How long do benefits last?

• How much money will the policy pay?

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Is It Better To Resign Or Be Fired

If you have another job lined up, then it probably makes more sense to quit rather than wait to be fired. If you dont have a job lined up, then waiting to be fired could give you more time to job search while still getting paid. Employers are sometimes hesitant to hire someone with a track record of being fired.

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What Do I Do If I Want Representation

Step One:

Have the Office of Administrative Hearings send your docket or case file to the Unemployment Law Project. They can be reached at 509-456-3975 or at 1-800-366-0955 .

ULP Tip: We are unable to represent people who do not yet have a docket number. If this applies to you, look carefully through our FAQs as your question or concern may be addressed there. If you have not found the answer to your question after that, you can reach out to our office at 206-441-9178 to request a free advice appointment with one of our staff attorneys.

Step Two:

Schedule an Intake Interview. To do so, you can call our Seattle office at 206-441-9178 and select the hearing extension or call our Spokane office at 624-9178. Leave your name, docket number, a good call back number, and the hearing date if applicable on a voicemail, and one of our staff will follow up with you to schedule an intake interview as soon as we are able to.

Step Three:

Do the Intake Interview: During the intake interview, someone from our office will ask you questions about you and your file in order to build a case file for you and your docket.

Step Four:

Follow up on your intake interview after 1 business day has passed by contacting our office at the hearing extension . Leave a voicemail stating that youre following up on your intake interview as well as include your name, docket number and a good call back number. Someone from our office will return your call to discuss next steps shortly thereafter.

Result:

How To Obtain Unemployment Benefits In Maryland

Many people fail to realize that if they resign from their job, they will likely be disqualified from receiving unemployment benefits. Moreover, many people simply assume that they will receive unemployment benefits after being laid off or terminated, so they are shocked when they are denied benefits. If an unemployment applicant is denied benefits and fails to appeal shortly after receiving the written denial, then the applicant will forever lose the right to seek unemployment benefits.

It is precisely at such times that applicants for unemployment should contact an experienced Maryland unemployment attorney to determine their rights and the best way to proceed so that they can obtain unemployment benefits for six months. Our unemployment lawyers in Maryland can determine the most effective way for an unemployment applicant to qualify for benefits without being disqualified.

At the Law Office of Andrew M. Dansicker, LLC, we have extensive experience handling unemployment appeals. Our Maryland unemployment attorneys have litigated these types of cases in the administrative channels on numerous occasions. Consequently, if you have questions concerning potential unemployment claims and appeals, do not hesitate to reach out to us today.

now to get started with our Maryland unemployment lawyers.

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Workers’ Right To Sue

There are two ways you might receive a private right of action. You can request one from the Attorney General’s Fair Labor Division, or you may receive one from our office in response to your complaint. With a private right of action, you may sue your employer on your own or as a group with other workers, if they have similar complaints. You have the right to sue privately whether or not the Attorney Generals Office takes enforcement action.

If you win your case in court, you have a right to receive:

• triple damages,

• Violating the right to employment leave for victims of domestic violence

How Much Back Pay Can I Win

That depends on how much has been stolen from you.

For successful wage and hour claims, the FLSA says that employers have to repay all the wages that went unpaid.

Then theres liquidated damages, a sum equal to those unpaid wages. If the court finds that your employer failed to pay you minimum wage or overtime, it can award you both unpaid wages and liquidated wages double the wages you are owed.

But your employer may be able to get out of paying the liquidated damages, by proving they violated the FLSA accidentally, that they had every intention of paying you properly but just made a mistake. In that case, youd still get the unpaid wages portion, it just wouldnt be doubled.

Courts often include damages to cover your attorney fees and court costs, too. In addition, punitive damages, as a way of punishing your employer, may be available if you can prove that they fired you in retaliation for filing your lawsuit, but this is controversial.

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Get Your Fee Agreement In Writing

In general, attorneys are required to commit fee arrangements with clients to writing. However, if your attorney does not give you a written fee agreement with all of the terms you have agreed to, ask for the lawyer to put it in writing. Make sure the agreement accurately reflects the fee agreement you reached, and ask for a copy for your records.

Suit Against Michigan Unemployment Agency Can Proceed Court Rules

Attorneys completed oral arguments on the Bauserman v. Unemployment Agency case stemming from the improper flagging of Michigan residents as having committed fraud. The oral arguments took place on Oct. 10, 2018. Emily Lawler | MLive.comEmily Lawler | MLive.com

• Emily Lawler | [email protected]

A lawsuit alleging the state violated peoples constitutional rights by falsely accusing them of unemployment fraud and slapping them with huge fines will be allowed to proceed, the Court of Appeals ruled Thursday.

Between Oct. 2013 and Aug. 2015, a state computer system known as MIDAS was flagging accounts within the Unemployment Insurance Agency system for fraudulent activity. People didnt always realize they had been accused of fraud before they were assessed 400 percent fines and saw things like wage garnishments or the seizure of tax returns if they didnt pay.

The computer system was wrong most of the time.

People affected by the fraud accusations sued the states Unemployment Insurance Agency in Bauserman v. Unemployment Insurance Agency in 2015, seeking monetary damages.

The lawsuit faced hurdles as it worked its way through the legal system. An initial Court of Appeals ruling essentially tossed it out, ruling plaintiffs did not file suit quickly enough. They would have needed to file within six months of being issued notices of their alleged fraud, the court reasoned.

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Filing An Appeal For Unemployment Benefits

If your former employer claims that you were terminated because of misconduct, you will likely be denied benefits and will have to file an appeal with the Florida Department of Economic Opportunity. Time is of the essence when you are denied unemployment benefits. You only have 20 days to file your appeal, so that is why it could be in your best interest to contact an attorney around the time you file or even before.

Once your request is received, the Office of Appeals will schedule a hearing before an appeals referee. You will be notified when and where the hearing will take place and how you can submit evidence and witness testimony. During the hearing, the referee will review documents, ask questions, and decide on your appeal.

Your former employer will likely be represented by an attorney at the hearing, so it is a good idea to consider representation as well. Their attorney will present the employers side of the case, representing their best interests. It is advisable to have an employee rights lawyer so you can make sure all the proper processes are followed and that your rights are represented in the hearing. Your attorney can help you prepare all needed documents and, if possible, can gather expert witnesses on your behalf.

When the hearing ends, the referee will make a decision, and if he/she rules in your favor, you may want to consider talking to your attorney about a wrongful termination suit against your former employer.

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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Social Media Facebook & Twitter

Most state UI agencies are actually pretty active on social media in posting updates to share the latest information on unemployment payments and/or delays. You can see relevant social media handles on some of the individual state unemployment pages I have set up for specific contact information but most large unemployment agencies have Facebook, Reddit and Twitter accounts. I follow a number on and , so you can follow me to get curated updates. From the state UI agency social media pages you can even try sending direct/private messages to get answers to your questions and also see the hundreds of comments from people likely in a similar boat to you. Just dont share any confidential or personal information.

Email

Surprisingly a lot of readers have said emailing your state unemployment department or agency has worked more effectively than trying to get a live agent. In fact under federal guidelines for these programs, states must provide claimants with alternate modes of contact, which may include email, and communicate with the claimantbased on his or her preferred method of contact. If the state contacts the claimant via email and the email is returned, the state must attempt to contact the claimant by U.S. mail.

Your Local, State or District representative

If you have found any effective ways of getting in touch with someone in your state, please leave a comment below.

Before You Sue: File A Complaint With The Ago

If you want to sue your employer in court, you should fill out the appropriate complaint form and mark on form that you are requesting a “private right of action.”

If you request a private right of action, you should hear from the AGO’s Fair Labor Division in 3 to 4 weeks. However, you automatically have the right to sue 90 days after filing a complaint.

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What Doesnt Count As Wrongful Termination

Most workers in the United States are employed at will, which means that their employers can fire them for any reason, or no reason at all, provided that the reason isnt discriminatory.

This means that its usually legal for your employer to terminate your employment unexpectedly, without advance warning, and to decline to provide a reason for your termination.

In fact, many employers choose to offer as little notice or explanation as possible, even going so far as to characterize the termination as a layoff, rather than take the risk of violating the law by providing a reason that later turns out to be discriminatory.

Unless you have an employment contract or collective bargaining agreement that mandates a certain amount of notice, its legal for your employer to fire you without notice.

They are also not obligated to provide you with an opportunity to correct issues pertaining to your work performance before terminating your employment.

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Unemployment Insurance In Colorado

Although todayâs unemployment rate has dropped significantly lower than its peak of 10% in 2009, finding the right job still takes a certain amount of luck and perseverance. For the average worker, conducting a job search after a lay off can mean 5 to 6 months without income. Despite this statistic, many qualified employees miss out on unemployment benefits due to misinformation and missed deadlines. Donât let that be you!

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Can I Sue My Employer For Lying To Me

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. Besides, can you sue an employer for lying to unemployment?

Usually one doesnt sue their employer for lying to the EDD. Given the facts that you stated, you may have a case for wrongful termination, i.e. retaliation for questioning illegal activity of superiors.

Also, can an employer lied about reason for termination? Its not illegal for an employer to fire an employee, even for a reason that seems unfair or unjustified. And, an employer can legally lie about the reason for termination. But, the employer cannot legally fire anyone for a reason that breaches a contract or violates the law.

Accordingly, can you sue for false job offer?

2 Answers. One case of a false promise suit from an employee to an employer can be seen in the Toy Yoda suit, which was settled out of court in favour of the employee. Therefore, at least in some cases, it is possible to sue an employer for false representation, especially if such claims are clearly made.

What to do when your boss tells lies about you?

If you choose to confront your boss, provide a face-saving escape. Avoid labelling the deceit as such, and do not be accusatory. Take proactive steps to try to prevent your boss from lying to you again. Be explicit about your moral code and build strong relationships.