Appeal of Eno (New Hampshire Department of Employment Security)
Supreme Court of New Hampshire
495 A.2d 1277 (1985)
Relevant factsFree
Each week Eno (plaintiff) reapplied for unemployment benefits, a department (defendant) employee asked only whether she was seeking work, and Eno's affirmative answer went unchallenged without further inquiry; the department later denied her benefits retroactively for insufficient job-search efforts during that same period, and the appeal tribunal upheld the denial.
IssueFree
Whether an agency violates an individual's due process rights when it denies her claim of statutory entitlement through a procedure that is fundamentally unfair, even though the individual is not entitled to the benefits under a straightforward reading of the statute.