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What is my options on continuing to fight this unemployment denial and remanding it or reversal on my denial

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Idaho Industrial Commission denied my Appeal rehearing , regardless of the fraud , due process , and untrue facts I was unable to proof false when appeal dept in IDOL failed to include my supporting documents in my hearing , commission denied my rehearing or reconsideration due to filing late but with Good Cause given the statements below , Can I file any other court or commission actions on my claim ? appeal good cause ? I was denied benefits for Idaho unemployment , filed my Appeal had referee phone hearing my hearing on a Thursday 7/27/21 , on Sunday 4 days after my hearing while filing my work search requirement I was surprised that 2 weeks on same claim hearing was just on had now released $798.00 Weekly. I assumed next was a lump sum coming . I believed I won my Appeal so after 3 weeks I finally got an employee in IDOL on phone and asked what was delay on my benefits They said I lost my Appeal and unsure why my remaining benefits had not been released, sounds crazy but true , one sentence is lost appeal and then no idea why remaining claim benefits not released , then she said I answered a question on my work search that stated I refused work. If I did this it was a honest unknown mistake on the question answered which was not in my appeal denial issues on my claim or so I believed but actually was the failed to provide information issue on my denial . Which referee agreed with IDOL not contacting me by phone that they said in there response in hearing , but was then denied by referee for failing to update my profile which was an assumed personal way of never addressing that IDO(L employee had committed fraud /false statements on my claim . Also was denied ability to show any proof of the issues has false because my supporting documents were never included on hearing which I was not notified of until day of hearing , no rescheduling was offered nor was the question asked of the employer if they received the supporting documents in appeal documents I sent by mail to employer she just I guess assumed I was not smart enough to know I was legally required to do. which is my due process not provided properly ,( along with fraud statements submitted by employee of Idaho Department of labor ) (now back to claim hearing sorry ) Given I had emailed the Appeal Department in IDOL and not sent postal mail or faxed my appeal request thier excuse without ever alerting me to this was "some of the emailed documents failed to upload apparently" so NONE were Submitted It was few days after this I received my denial on appeal dated weeks earlier . I then sent in my request for rehearing based on this but was denied appeal rehearing for filing late . I filed late because letter of hearing was late , plus claim benefits had been suddenly released on Claim that had been denied and appeal hearing with referee had just taken place so I really believed I had won but apparently something took place I have called 3 times after while awaiting commission response to Idaho Dept. of Labor on if I was now required to return those 2 weeks of benefits each time NO , reason I was not given the remaining on claim was due to that incorrect honest mistake answer response , Unbelievable . I have used every search possibvle for a lawyer now for over a week I know my tiume is close to ending on any possible actions if any lawyer thinks I can use Please help me on this claim and Is there any actions I can take on claim with any court or commission in Idaho on this matter ? Thanks Kimberly 

 

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1 year 8 months ago, labor & employment law attorneys, Lake Zurich

Legal Solution

The response provided below is specific to labor & employment law attorneys in the jurisdiction of Idaho, Rigby. If the response is inadequate, please submit a detailed inquiry.

Complexities of Unemployment Appeals in Idaho

Given the multifaceted nature of your situation, there are several legal aspects and potential solutions that you should be aware of. It seems that the main issues stem from the denial of your unemployment benefits, a late appeal, and the failure to include crucial supporting documents during your appeal hearing.

Relevant Idaho Unemployment Laws and Resources:

Potential Solutions:

  1. Legal Representation: Engage in legal representation to ensure you're navigating the complex landscape appropriately. This could be crucial if you believe there's been a violation of your rights. You might want to find the right lawyer who specializes in labor and employment law.

  2. Judicial Review: If the Idaho Industrial Commission denies an appeal, there might be an opportunity for a judicial review. This essentially means you would bring the matter before a court.

  3. Documentation: Ensure you have all your supporting documents in order and be ready to present them. If they were not included in the initial appeal, they might be instrumental in any subsequent actions.

  4. State Ombudsman: Consider reaching out to the state ombudsman or an equivalent body for a neutral review of the proceedings.

Cost Considerations for Legal Proceedings in Idaho:

Legal Service Average Cost
Initial Consultation with Labor & Employment Attorney $150 - $300
Filing for Judicial Review $500 - $1,000
Full Representation in Court $2,000 - $7,000
Document Review $100 - $500

Note: Prices can vary based on the complexity of the case and the reputation of the lawyer. It's always wise to shop around and compare lawyers in your area.

Clarifications and Next Steps:

Your situation is intricate and unique. It would be beneficial to get more details about the proceedings to date and the specific reasons for your claim denial. This will help in giving a more tailored solution.

Take action now: Your rights and potential benefits are on the line. Ensuring that you have the best representation and understanding of your situation is paramount.

Questions for Further Clarification:

  • Did you receive written explanations for each denial or decision made by the IDOL or the Commission?
  • Are there any written guidelines or criteria that the IDOL provided regarding the disqualification of benefits?
  • Were there any third-party witnesses or additional evidences, like recordings or transcripts, during the hearings?

Most Common Questions & Answers:

1. Can I appeal the decision of the Idaho Industrial Commission?

Yes, you can often appeal the decisions of the Commission to a court. However, there are specific deadlines and procedures that need to be followed.

2. Do I need a lawyer for unemployment appeals?

While not mandatory, having a lawyer can greatly help, especially in complex situations. Lawyers can ensure your rights are protected and help navigate the intricacies of the legal process.

3. How long do I have to appeal a decision?

There are specific timeframes for filing an appeal. It's crucial to check the decision notice or consult with a lawyer to be aware of these deadlines.

4. What can I do if my supporting documents were not considered?

You can request a new hearing or submit these documents during a judicial review. It's essential to have evidence that these documents were initially submitted in a timely manner.

5. Are there any fees for filing an appeal?

There might be fees associated with filing appeals, especially if you're proceeding to a court. It's best to check with the respective agency or your legal representative.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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