Am I able to sue the department of unemployment for wrongfully denying me benefits for 2 whole years?

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Am I able to sue the department of unemployment for wrongfully denying me benefits for 2 whole years?

They never told me why which is why it took so long to finally file an appeal and even though the decision of the department has been overturned it does not change the fact that for two years I suffered, was unable to find another job and am now being evicted from my apartment. Again this was an error on the part of the unemployment department.

Asked on April 16, 2012 under Employment Labor Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is possible for you to file a legal action against the department of unemployment for wrongfully denying you unemployment benefits for two (2) years. However, whether or not you succeed in such an action and receive any recovery depends upon the specific facts of your claim, submitting a timely governmental claim, and having a competent attorney that practices in the area of claims against governmental entities represent you in your claim.

Potentially if successful, you may be entitled to get the benefits that you were denied. However, the inabilty to get another job and your eviction do not seem to be allowable measure of damages under the law of all states in this country.

 


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