Vermonters waiting for unemployment hearings sue Department of Labor

April Fisher, Burlington Free Press
·2 min read

Reports of extensively-delayed hearings for unemployment benefit appeals have prompted a class action lawsuit against the Vermont Department of Labor.

Vermonters who believe they have been wrongfully denied unemployment benefits and file an appeal are entitled by Vermont law to have that appeal heard within 30 days, according to the lawsuit's filers.

The lawsuit, filed by the nonprofit firm Vermont Legal Aid in Vermont Superior Court in Montpelier on Dec. 1, claims that there are over 600 unemployed Vermonters waiting an average of 174 days (nearly six months) for an appeal hearing. It requests an order from the court to force the state Department of Labor to comply with the 30-day time limit.

“These delays are violating not only state law, but also Vermonters’ due process rights. People are waiting months and months without benefits just to be heard,” says Vermont Legal Aid attorney Kelli Kazmarski.

The Department of Labor said they cannot comment on pending litigation, but noted that the case is being reviewed by the state Attorney General's Office.

One of the lawsuit's plaintiffs, Burlington resident Joshua Webb, said in a news release that he left his job due to health reasons on April 2, was denied unemployment benefits, and on June 24 filed an appeal, which he has not yet received a hearing for.

Webb said that without any income or unemployment benefits, he has had to deplete his entire 401(k) and savings to survive.

“What the Department of Labor doesn’t seem to understand is that some promise of receiving any benefits I am due in the future does not pay my rent or other bills right now," Webb said. "Getting a lump sum of benefits I was owed six months after I appeal is not that helpful if I am already homeless by the time I receive the benefits!”

Contact April Fisher at amfisher@freepressmedia.com. Follow on Twitter: @AMFisherMedia

This article originally appeared on Burlington Free Press: Vermont Department of Labor sued for delaying unemployment appeals