Appeal Of Eno

126 N.H.650, 495 A.2d 1277 (1985)

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Nature of the Case

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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.