Employment Law Questions? Ask an Employment Lawyer.
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It's possible to sue a state or federal agency. However, the concept of sovereign immunity protects the state from lawsuits pertaining to the state's actions in carrying out its responsibilities to the public. You can read more about sovereign immunity at the following link (as it's too complex to explain properly here).http://topics.law.cornell.edu/wex/sovereign_immunity Now, that said, it doesn't mean your issue is done. Your best bet is to take the denial, along with documentation that you submitted your appeal in a timely fashion, to your attorney. Your attorney may be able to work with the Department to put the confusion to rest and help you to obtain the appeal that was timely demanded. Assuming you're dealing with unemployment or disability benefits, a new filing, combined with a proper explanation of what happened and documentation may even resolve the matter (see 1 below), as the confusion may constitute good cause for a "late" appeal. However, you will want to let your attorney handle the matter to ensure your interests are protected.1. "If the appeal is not filed within the appeal periods, an explanation of why it was not filed within that time limit should accompany the appeal."http://lwd.dol.state.nj.us/labor/at/content/atindex.htmlPlease remember to click accept so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated. Clicking accept does not close the question and you are still welcome to ask follow-up questions if you need clarification.Sincerely,T_____________________________________Please click the green Accept Button and leave Positive Feedback so that I receive credit for answering your question. Bonuses are always greatly appreciated. I do not receive any payment at all from JustAnswer unless you click accept. Please remember: Feedback is left for me as an answerer. Please do not shoot the messenger. My control over the content of the answer is limited by the restraint of truth.
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