Expert: Michael Troy - 3/18/2004

Question
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Followup To
Question -
I know you may not have knowledge to share on
my situation,yet please read for at the end there
is something I never thought could happen.
I'm currently in a employment dispute,I had been awarded unemployment yet my employer appealed and the ruling was reversed.At the hearing there was a 'employment judge',if anything could of gone wrong there it did,my employers appeal was based on fraud,which I pointed out to the judge.I was ruled against and the judge even used part of the fraudulant submission in her determination.Besides that she denied the right to interview the author of the fraudulant letter,and the judge made references to me excercising my rights as in calling a attorney or
a policeman to my work place.
I reported this to the State Judicial review board,I was returned a message that unemployment
judges aren't judicial jurisdiction,they are in the executive branch.That sounds unconstitutional to me.
Answer -
Hi Darrel,

I know it sounds like a violation of the separation of powers, but the Supreme Court has held that such situations are Constitutional.

Under Federal law, the Administrative Procedure Act, allows executive agencies to perform what are effectivly judicial procedings.  The Supreme Court held that such are Constitutional because the individual always has a right to appeal the final decision to a real Article III court.  Many states now have similar structures.

- Mike

Thats interesting,yet one would believe the judicial arena under the executive branch would have to follow the protocol of all courts.I had
reported for nearly a month my employers appeal letter was based on fraud.
The appeals office told me to call the DOL and report the fraud to the judge at the hearing.I did that,the hearing went on even though it was based on fraud,then a determination was made based on the fraudulant letter.Its obvious when someone listens to the tape that I said the letter was fraud and told the judge why.Is it not protocol to cease a hearing until the validity of documents have been established?Why when I ask to have the fraud posted to record so I may persue remedy(the reversed decision halted unemployment benefits and I recieved a demand to repay)
interm.A crime against the state and myself happened the day of the hearing
and all I have contacted won't do anything.DOL,Chief Appealate,Deputy Appealate,the Lt Governor and others have all declined to answer me.If anyone else breaks the law they are charged immediately,I shouldn't have to appeal a reversed decision based on fraud.  

Answer
Administrative procedure can be a complicated process.  Unfortunately, a just result does not necessarily follow.  My advice is to speak with an attorney in you area to see exactly what your options are.  

If you cannot afford a private attorney, you might want to contact a group such as the Legal Services Corp. which provides free or low cost legal assistance to people who cannot afford it.

Good Luck!
- Mike