Home Financial Record Unemployed workers wrongly accused of fraud can ask the state for money | app

Unemployed workers wrongly accused of fraud can ask the state for money | app

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DETROIT (AP) — Thousands of people who have been wrongly accused of fraud When claiming unemployment benefits can seek financial assistance from the state, Michigan’s Supreme Court ruled on Tuesday, breaking new ground when someone claims their constitutional rights have been violated by the government.

“The State is prohibited from violating the rights guaranteed by the Constitution. If he does, he is liable for the harm he causes,” Judge Megan Cavanagh wrote in a 4-3 opinion.

The three dissenters were Republican-appointed judges.

An automated computer system used during Governor Rick Snyder’s administration was a disaster over a two-year period. People have been accused of cheating to get unemployment assistance. They were forced to repay money, with heavy penalties, before the Unemployment Insurance Agency finally admitted widespread errors that affected more than 40,000 people.

Although the refunds have been scattered, the state is still being sued by people who claim their due process rights – a right to be heard – were violated as they tried to untangle themselves from the mess.

Some victims have had to hire lawyers to fight false findings of fraud. Others have gone bankrupt, lost their wages, suffered from poor credit or struggled to find jobs and housing.

The state Supreme Court has said it has the power to intervene, particularly when the Legislature has failed to introduce legislation that provides a remedy for people whose rights have been violated by the state.

“For our Constitution to work, the fundamental rights it guarantees must be enforceable. Our basic rights cannot be mere ethereal hopes if they are to serve as the foundation of our government,” Cavanagh wrote.

Dissenting, Judge David Viviano said the majority opinion was “love at first sight” with “a breathtaking sweep”.

“This represents a gross excess given that the judiciary has now seized the legislature to fashion remedies for all sorts of constitutional violations. … A deluge of cases and an inflated taxpayer liability will surely ensue,” said Viviano, who was joined by Judge Brian Zahra.

Viviano said it was the job of the Legislative Assembly to approve a solution if there was to be one.


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