Civil/Commercial Litigation (Lawsuits)/Fighting an Unemployment denial in court
Initially I was granted to collect unemployment for good cause having shown a doctor's letter that I left the company due to medical reasons. Then the company appealed the claim (I believe only to save themselves some money because I had done nothing wrong during my 7yrs with them). I was scheduled for a conference call phone hearing with my former boss,& a "law judge"/lawyer who worked for unemployment.
During the call my boss admitted for the prior year he knew of my medical condition, didn't say I had been fired & never said anything derogatory against me! Not finding a reason to deny my claim from what my boss said, the lawyer kept pushing to find some technicality to reverse my claim. He would not accept the original doctor's letter into evidence stating he could not read it although it was the very same letter which was initially accepted as my good cause!(HUH?)
I then received a letter from him stating my claim was denied because I had not shown good cause and because I had not mailed a copy of the doctors letter to my former company before the hearing!(I was not aware I needed to do that) Now I must pay back all the claim monies I received so far($1800)!(if I don't have any money coming in now that's impossible to do!)
So I then submitted a reconsideration form to appeal his decision but the same lawyer denied that too. Seems he's in control of everything at that office! So now I'm told the only way to fight this is to take it to the legal courts system.
Since I truly believe I was wronged and I am forced into filing another appeal here's where I need your help... I don't know which court to file in, is it civil? Do I have to be in the same district as the location of where that unemployment office is? That's a 3 hour drive away for me. Could this appeal be heard in my own town's court system? What name do I actually file whom I'm taking to court?...would it be the Dept of Labor or the individual lawyer who denied my claim? Or Both? I'm going to request a copy of the phone hearing as proof, but am told it will be in the form of a CD. Can a CD be heard in court?
Fighting the system I'm guessing they will drag it out as long as possible & I'll have to find some way to survive. My medical condition now prevents me from obtaining work in the same field so I'm not getting any job reply's. Any advice you can offer will be greatly appreciated, especially if you believe I have any hope of appealing this. Thanks.
Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes. Before you take any action, consult with your own attorney.
In my state, our unemployment system is defined by statute, MN. Stat. 268. www.revisor.mn.gov/statutes/?id=268. A good place for you to begin would be to find the similar statute in effect in your location. Here, a party may appeal a decision on reconsideration from the unemployment ALJ (administrative law judge) to the Minnesota Court of Appeals, MN. Stat. 268.105 Subd. 7. www.revisor.mn.gov/statutes/?id=268.105.
I suggest you review the law in your area, and if you are serious about improving your situation, hire a lawyer licensed in your state to help you follow the rules and get your case handled properly.
I hope this helps, good luck to you and your foundation.
SMITH & RAVER LLP
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