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.
You may also wish to review the six steps to take if you lose you job.
Continue to let Congress hear your voice about the need for benefits for the long-term unemployed.
www.openCongress.org/people/senator
www.senate.gov
Toll free numbers: 1-888-245-0215
Congressional switchboard: 1-866-338-1015
www.unemployed-friends.com
There is a radio talk show "JOBLESS TALK" dedicated solely to discussions about unemployment and Washington inaction. http://www.blogtalkradio.com/paladinette.
Please press the subscribe button on the top of the page to keep up with the latest information on jobs, the economy and unemployment. You can follow me on twitter @IndyUEexaminer. mailto:mailto:Ellen.Corcella@yahoo.com.
Comments
I feel a strong storm developing and people are getting sick & tired of being screwed by the Government via local/state/or federal. They are messing with our lives and we are at the boiling point. Thanks ACLU! I didn't know such a law was on the books!
how do you submit your name if you could be one of these people. What if you were one of the people that were not processed correctly?
Dan Burton (Indy) and Steve Buyer (Rensalier) are two of the Senators that voted against the extention. If the Senators of Indiana are not voting to support the people of Indiana, then they need to be voted out and someone else needs to take their place. We have power...the power of voting.
Rep. Joe Donnelly Sr. from Indiana also decided to veto the bill as well. So you see, this where we start in November.
Ellen, you have brought up some valuable information for those struggling to obtain unemployment in Indiana. Thank you for this valuable information.
Janet, I suggest you contact Indiana's ACLU at 317-635-4059 ext. 102.
I waited 17 weeks between the date I filed my appeal and the date my denial was overturned. 17 weeks is a long time! I would like to be part of this class action lawsuit.
I have waited 13 weeks and they keep telling me allow 10 business days everytime I call for help. I had to sale my ring my mother left me after she died just to try and help with bills. My furnace is broke down we have a wood burning stove but not enough wood to get through the winter. I had to disconnect my cable. Sad thing is I know the company did me wrong. A lady who had a grandson married into the family was being a bully and harrassing me and another lady I called the supervisor for help because she was up in our faces and they would not do anything to her since her grandson is married into the owners family. They told me to write stuff up it would go to their investigation department so I did and I was fired and they never told me why. The companys investigator....his grandaughter is married to that ladys grandson!! I didnt have a chance. Can anyone please tell me what I need to do? I have been looking for a job but cant find anything. The unemployment office must resolve these problems quicker people are hurting.
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