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Appeal of Eno (New Hampshire Department of Employment Security)

495 A.2d 1277 (1985)

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Appeal of Eno (New Hampshire Department of Employment Security)

Supreme Court of New Hampshire

495 A.2d 1277 (1985)

Facts

After Ms. Eno (plaintiff) was laid off from her job with the New England Telephone and Telegraph Company, she applied for unemployment compensation benefits. An employee of the New Hampshire Department of Employment Security (department) took Eno’s application, although she was not authorized to approve it. The employee advised Eno to reapply for benefits each week pending a determination of her eligibility. On her second visit to the department, Eno received a pamphlet that explained, among other things, that to remain eligible for unemployment compensation she must be available for and seeking permanent employment. Each week when Eno visited the department to file a new application, she was asked whether she was seeking work. Eno replied that she was, and did not receive further questioning or advice on the subject. Ultimately, the department determined that Eno was ineligible for unemployment compensation because she had made insufficient efforts to obtain work while her application was pending. The department’s appeal tribunal sustained the denial of benefits, and Eno appealed to the state supreme court.

Rule of Law

Issue

Holding and Reasoning (Souter, J.)

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