APPEAL OF ENO
126 N.H.650, 495 A.2d 1277 (1985)
NATURE OF THE CASE: Eno (P) appealed from an affirmation of judgment for a state agency.
FACTS: P applied for unemployment benefits when she was laid off. The New Hampshire
Department of Employment Services (D) instructed her to reapply weekly. Each week she was
asked if she was looking for work. P telephoned advertised vacancies and sent resumes but no
avail. D then denied her benefits in that she did not personally visit employers. D’s
pamphlet stated that she must be ready, willing, and able to accept suitable work. She must
be available for and seeking permanent full-time work for which she was qualified. There was
no mention anywhere that looking for work meant visiting in person. P appealed the decision
to the Tribunal which affirmed. P then sued D under due process of law stating that the
denial was fundamentally unfair and violated due process of law.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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