The ACLU of Indiana filed a lawsuit in Indianapolis alleging the State delays in processing unemployment appeals is contrary to federal law. Under federal law, the Indiana Department of Workforce Development is required to issue at least 60% of decisions on unemployment appeals within 30 days of the date of an appeal request, and at least 80% of decisions within 45 days of the date of an appeal request.
The lawsuit is the result of the experience of John Gorman. Gorman worked for the same company for thirty one years. In December, Gorman was terminated from his job and applied for unemployment benefits. Gorman was denied unemployment benefits and appealed to have the decision overturned. The appeals process is outlined in detail my previous article "what you should do when your claim for unemployment benefits is denied."
In short, after receiving notice that your claim for unemployment benefits was denied, you should appeal that ruling. In many cases the Administrative Law Judge will overturn the ruling and award you unemployment benefits. As part of the appeal, you should explain that your employer did not have a good reason to fire you or that you quit because your job conditions were intolerable.
As of this date, Gorman has waited over 100 days for a decision, with no end in sight. The Indiana ACLU reports that Gorman is not alone in experiencing these delays, and hundreds of Hoosiers experience similar delays each month. The case is captioned Gorman v. Commissioner of the Indiana Department of Workforce Development, et al., and has been filed in Marion County Superior Court.
The ACLU has asked a Marion Superior Court Judge to certify the case as a class action.
Indiana’s unemployment rate has hovered just below 10% for so far in the year 2010.
Continue to let Congress hear your voice about the need for benefits for the long-term unemployed.
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There is a radio talk show "JOBLESS TALK" dedicated solely to discussions about unemployment and Washington inaction. http://www.blogtalkradio.com/paladinette.
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