Petition For Judicial Review

CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS Unemployment Compensation Benefits: Filing guidelines for unrepresented claimants YOU MAY BE ELIGIBLE FOR FREE LEGAL ASSISTANCE. Contact the NEWORLEANS LEGAL ASSISTANCE CORPORATION , 144 Elk Place, 10th Floor,New Orleans, LA 70112 (504/529-1000) to see if they can help. HOW TO COMPLETE YOUR LAWSUIT ON YOUR OWN: 1. FILL OUT THE PETITION. If you complete the petition on your own, read the following instructions carefully and fill in the blank lines in the petition. TYPE OR PRINT CLEARLY. By law (LSA-R.S. 23:1692) you cannot be charged to have your petition filed or delivered, unless a judge makes an order and finds your lawsuit frivolous. Tell the clerk that your case is about unemployment compensation benefits, so no fees will be charged. If the decision you are appealing does not list an ex-employers name, you do not have to put your ex-employers name at the top of the petition or complete line 5 of the petition. Look for any employers name at the top of the first page of the agency decision. Mistakes in the petition can harm your case, so if you have time to get legal advice, talk with a lawyer. Remember that your time to file a petition is limited. 2. FILE WITH THE CLERK OF COURT. Make at least 3 copies of the petition and then file with the Clerk of Court. The Clerk of Court will need your original petition. The Clerk of Court will also want you to fill out a Civil Cover Sheet. If you are asked to pay a filing fee, remind the staff that you are seeking unemployment compensation benefits and do not have to pay a filing fee. Get an extra copy of the petition date-stamped so you will have proof of filing for your own records. 3. GO TO THE SHERIFFS OFFICE. Give them 1 copy for the unemployment compensation agency and 1 copy for your ex-employer (if the decision you are appealing lists an employer). A deputy will serve (deliver) the copies, without charge. 4. GET YOUR CASE SET FOR HEARING BEFORE THE JUDGE. After service ismade, the agency has 60 days to file the record of your claim with the judge and send a copy to you. If you move after filing your petition, notify the agency in writing and file a copy with the court. Consult a lawyer if possible; it is difficult to comply with court rules and to make the proper legal arguments without one. However, if you cannot get representation, you can seek a hearing with the judge after the agency deadline to file the record has passed. Prepared by New Orleans Legal Assistance Corporation, September, 2000. This is a general guide only and is not intended to be a substitute for legal representation. <<<<<<<<<********>>>>>>>>>>>>> 2 CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS STATE OF LOUISIANA NO. DIVISION DOCKET NO. Petitioner VERSUS GAREY FORSTER, SECRETARY OF THE LOUISIANA DEPARTMENT OF LABOR, AND Defendants PETITION FOR JUDICIAL REVIEW The above-named petitioner shows to the court that: 1. The petitioner is a person of the full age of majority who is a resident of Orleans Parish, Louisiana. 2. The petitioner complains of a decision of the defendant Secretarys Board of Review mailed on in which petitioner was denied unemployment compensation benefits. This court has jurisdiction pursuant to LSA-R.S. 23:1634. 3. That decision bears the following identification: CLAIMANT NAME DOCKET NO. SOCIAL SECURITY NO. BR 4. Defendant Administrator of the Louisiana Department of Labor is a proper party defendant in accordance with LSA-R.S. 23:1634. 5. Defendant is a Louisiana corporation and/or doing business in the State of Louisiana, and is petitioners former employer. 6. Petitioner was separated from employment with the above-named employer under non-disqualifying circumstances. 7. The petitioner requests that this court review the decision issued by the Board of Review and petitioner seeks to show the court that the decision is: (a) in violation of constitutional provisions; (b) in excess of the statutory authority and jurisdiction of the Board of Review; (c) made upon unlawful procedures; 1 <<<<<<<<<********>>>>>>>>>>>>> 3 (d) affected by other errors of law; (e) clearly erroneous in view of the entire record as submitted and the public policy contained in the act of the legislature authorizing the decision; and/or (f) not supported by facts established by sufficient, competent evidence. WHEREFORE , petitioner respectfully requests: (1) That the final decision of the Board of Review be reversed and set aside and petitioner promptly paid all due benefits; (2) If necessary, that the case be remanded to the Board of Review for rehearing or other appropriate proceedings; (3) For such other relief as may be just and proper. Signature Name (Please Print) Address Telephone PLEASE SERVE: GAREY FORSTER, Secretary (Two Copies) Louisiana Department of Labor Office of Employment Security 1001 North 23rd Street Baton Rouge, LA 70804 2