[wiaattorneys] Trade Act Decision

  • From: John Albin <jalbin@xxxxxxxxxxxxxxx>
  • To: wiaattorneys@xxxxxxxxxxxxx
  • Date: Fri, 14 Jul 2006 10:45:35 -0500

Several of you were kind enough to help me out by sending me cases and 
suggestions for defending a case where a claimant was denied TRA benefits 
when she failed to satisfy the 8/16 rule, primarily because NWD-DOL failed 
to notify her of her eligibility for TRA benefits and training. The 
Nebraska Supreme Court was obviously less than enthused with affirming the 
District Court decision as it concluded its opinion by stating that "we 
reluctantly affirm the district court's conclusion that Workforce 
Development properly denied Reed's application as untimely." 

Nonetheless a win is a win and we dodged a big bullet on the equitable 
estoppel issue.  My thanks to all of you who weighed in with cases and 
suggestions.  I can't begin to say how much your assistance helped in 
defending this suit. Thanks again.

John H. Albin
Agency Legal Counsel
Nebraska Workforce Development
Department of Labor
550 S. 16th St.
P.O. Box 94600
Lincoln, NE 68509-4600
tel. 402-471-9912
fax 402-471-9917

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