Ruling could return thousands of dollars to Granite State families facing the loss of a job or income due to the COVID-19 public health pandemic
CONCORD, NH – In case you missed it, a new lawsuit was filed in the Hillsborough County South Superior Court last week against Governor Chris Sununu’s Administration for prematurely cutting off federal unemployment benefits available to Granite Staters under the CARES Act. The suit is filed on behalf of four plaintiffs seeking a declaratory ruling and injunctive relief to reinstate the benefits, which could return thousands of dollars to Granite State families facing the loss of a job or income due to the COVID-19 public health pandemic. A court date is set for Friday, September 3rd.
Media Round Up
NH Bulletin: New Hampshire sued for early end to federal unemployment benefits. “New Hampshire is now one of 15 states that have been sued for ending federal unemployment benefits before they expire Sept. 6. Similar lawsuits have seen some success in at least three states, failed in several, and are pending in the rest. The lawsuit filed in Hillsborough County Superior Court on behalf of four people who received federal pandemic benefits alleges the state Department of Employment Security did not have the discretion to end the federal benefits. The court has scheduled a hearing for Sept. 3.”
NHPR: Granite Staters File Lawsuit To Reinstate Some Pandemic Unemployment Benefits. “Michael Perez of Perez Law represents four plaintiffs in the case. He says the suit focuses on the PUA program because unlike other pandemic programs, the state should not be able to opt out, based on language in the CARES Act. He says while a provision exists for states to terminate other programs, such a provision does not exist for PUA. Additionally, Perez argues, two other sections in the law make the program mandatory. Perez also says language already in New Hampshire law obligates the state to distribute a program like PUA. He says courts in a few other states with similar statutes, like Arkansas and Ohio, have ruled benefits must be reinstated in similar challenges.”
New Hampshire Union Leader: Sununu sued over early end to extra unemployment. “Lawyers for those suing said they were optimistic about their chances because judges in four states have overturned these decisions in states with Republican governors to bring an early end to the extra, $300-per-week benefits for all on the unemployment rolls. New Hampshire was the only state in the Northeast to end these benefits early. The cancellation of this program threw 15,000 off the rolls, according to the lawsuit.”
Public News Service: Groups Urge NH Agency to Pay Out Pandemic Unemployment Assistance. “The unemployed are being villainized,” McKay contended. “They’re being told you’re lazy, you get a job. And I can assure you that the people that were relying on unemployment actually need it. They’re struggling to keep up with just day-to-day expenses and looking for work and not finding it.” While New Hampshire was among the states that cut off benefits early in an effort to get people back into the workforce, studies so far have shown no increase in employment.”
Laconia Daily Sun: New Hampshire sued over federal jobless benefits. “PUA was created to provide jobless benefits to “gig economy” workers and others who didn’t qualify for regular state unemployment benefits. It is one of several other federal unemployment programs that are set to expire on Sept. 6, absent congressional action. The lawsuit notes that the U.S. Department of Labor is allowing states to reinstate participation in PUA and other programs even as it expires, “including back benefits to eligible claimants.” Lawsuits filed in several states, including Arkansas and Oklahoma, have successfully forced officials to provide PUA back pay to those who are eligible for the benefits but were cut off.”
New Hampshire Union Leader: New Hampshire sued for ending COVID-19-related jobless benefits. “The lawsuit takes direct aim at eliminating this program, designed for workers who don’t normally qualify for federal jobless benefits …“What’s unique about this program, unlike the other types, is that PUA is a mandatory program. Neither state nor federal law gives N.H. Employment Security the authority to abandon PUA before it expires,” said Mike Perez, the lawyer representing these residents. “The law says that the state shall participate.”
Eagle Tribune: Unemployment benefits lawsuit. “Four New Hampshire residents filed a lawsuit Friday challenging a decision by Gov. Chris Sununu’s administration to end unemployment benefits under the federal CARES Act nearly three months earlier than they were scheduled to run out on Sept. 6. The lawsuit filed in the Hillsborough Superior Court in Nashua against the state of New Hampshire and New Hampshire Employment Security and its commissioner asks a judge to reinstate the benefits dating back to June 19, when they were ended. Similar lawsuits have been filed in other states where the benefits were ended early.”
Hippo News: PUA Lawsuit. “Pandemic Unemployment Assistance was created to help people with careers and businesses that were interrupted because of the pandemic, and who otherwise would not be eligible for the typical unemployment benefits,” Perez said in the release. “Neither state nor federal law gives New Hampshire Employment Security the authority to abandon PUA before it expires … We did ask New Hampshire Employment Security to reinstate PUA before filing suit, but we have not heard back from them in response to that request.”
Conway Daily Sun: New Hampshire sued over federal jobless benefits. “One of the plaintiffs, Cassandra Caron, lost her job as a cosmetologist during the pandemic and began receiving PUA benefits to cover rent, food, utility bills and other basic expenses. But when the state ended its participation in PUA on June 19, the single mother said she has been unable to find another “suitable job” or provide for her family, the lawsuit alleges. “With dwindling savings and no income, Cassandra made a difficult choice to apply for disability benefits based on her traumatic brain injury, PTSD, and Type II narcolepsy,” the complaint reads. “The early termination of PUA benefits actually helped remove Cassandra from the workforce.” Another plaintiff, Aaron Shelton, is a self-employed social media marketer whose work up dried during the pandemic, forcing him to seek federal unemployment benefits. PUA covered his basic living expenses – such as car payments, food, utilities and rent – but when those benefits were cut off in June, he had to tap into his savings to stay afloat. Now he’s running out of money, according to the lawsuit … The lawsuit notes that the U.S. Department of Labor is allowing states to reinstate participation in PUA and other programs even as it expires, “including back benefits to eligible claimants.” Lawsuits filed in several states, including Arkansas and Oklahoma, have successfully forced officials to provide PUA back pay to those who are eligible for the benefits but were cut off.”
Boston Globe: LAWSUIT-UNEMPLOYMENT BENEFITS. “New Hampshire was among the first to expand eligibility for unemployment benefits when the pandemic first struck. Thousands of people were collecting unemployment benefits, including $300 per week supplemental payments either from the state or a federal program created during the pandemic. The state decided to end the extra payments June 19 because the unemployment rate had dropped and given the abundance of available jobs, Sununu had said. Mike Perez, an attorney representing the four residents, said neither state nor federal law gives New Hampshire Employment Security the authority to abandon a program known as Pandemic Unemployment Assistance before it expires. George Copadis, the employment security director, deferred to the state attorney general’s office to comment. Messages seeking comment were left with that office and with a spokesperson for Sununu.”
CBS Boston: Did Cutting Unemployment Benefits In New Hampshire Ease The Worker Shortage? “In New Hampshire, the benefits ended in June, but that hasn’t had much of an impact on the need for workers. Stephanie McKay runs a Facebook group for people looking for jobs in New Hampshire. There are 4,500 members. “We have a lot of single parents who can’t work in the service industry,” McKay told WBZ-TV. Even though there are jobs available in the service industry, not everyone can take one of those because of child care and health issues.”
The initial press release reviewing the case can be found here.
A copy of the full legal petition and plaintiff stories can be found here.
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Granite State Progress is a progressive advocacy organization that addresses issues of immediate state and local concern. Granite State Progress works as a communications hub for the progressive community to provide a strong, credible voice in advancing progressive solutions to critical community problems. Visit https://granitestateprogress.org/ to learn more.
Statement on Preliminary Court Hearing On Lawsuit Filed by Granite Staters Against Sununu Administration Over Premature Cut-Off of Federal Unemployment Assistance Benefit
Posted: September 3, 2021 by Granite State Progress Leave a Comment
NASHUA, NH – The Hillsborough County South Superior Court held a preliminary hearing this afternoon on a lawsuit filed last week against Governor Chris Sununu’s Administration for prematurely cutting off federal unemployment benefits available under the CARES Act. The suit is filed on behalf of four plaintiffs seeking a declaratory ruling and injunctive relief to reinstate the benefits, which could return thousands of dollars to Granite State families facing the loss of a job or income due to the COVID-19 public health pandemic. Statements on the hearing:
“We presented a strong case today and expect to hear from the court soon,” said Mike Perez of Perez Law, attorney for the plaintiffs. “The plaintiffs are eager to have this issue resolved and to figure out the next steps for each of their families.”
“We have been waiting for our day in court, and we are glad the judge heard the situations and experiences that have led us here today,” said Stephanie McKay, moderator of the NH Unemployment During COVID-19 Facebook group of over 4,500 Granite Staters who experienced unemployment during COVID-19. “It was shocking to hear the State argue that we brought this emergency on ourselves, as many families who lost federal unemployment benefits are struggling to afford school supplies for their kids and pay basic bills for food and rent. But we are thankful for the opportunity to present our case and we hope that the outcome restores these benefits to thousands of impacted Granite Staters.”
“The state’s response makes it clear they are still leaning into the disproven theory that prematurely ending the federal unemployment benefits for struggling Granite State families would significantly impact unemployment rates in the state,” said Zandra Rice Hawkins, executive director of Granite State Progress. “There are real barriers to workforce re-entry, including child care and other caregiving responsibilities, health issues, transportation, finding employment that matches your skills and training, and other such factors. The Sununu Administration could have focused on any of those instead of taking away people’s benefits.”
The initial press release reviewing the case can be found here.
A copy of the full legal petition and plaintiff stories can be found here.
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Granite State Progress is a progressive advocacy organization that addresses issues of immediate state and local concern. Granite State Progress works as a communications hub for the progressive community to provide a strong, credible voice in advancing progressive solutions to critical community problems. Visit https://granitestateprogress.org/ to learn more.
Court Hearing On Lawsuit Filed by Granite Staters Against Sununu Administration Over Premature Cut-Off of Federal Unemployment Assistance Benefit Scheduled for Friday, September 3rd at 2:00 PM
Last Updated: September 3, 2021 by Granite State Progress Leave a Comment
***MEDIA ADVISORY FOR SEPTEMBER 3RD AT 2:00 PM***
NASHUA, NH – Today, September 3rd at 2:00 PM, the Hillsborough County South Superior Court will hold a preliminary hearing on a new lawsuit filed last week against Governor Chris Sununu’s Administration for prematurely cutting off federal unemployment benefits available under the CARES Act. The suit is filed on behalf of four plaintiffs seeking a declaratory ruling and injunctive relief to reinstate the benefits, which could return thousands of dollars to Granite State families facing the loss of a job or income due to the COVID-19 public health pandemic.
The initial press release reviewing the case can be found here. A copy of the full legal petition and plaintiff stories can be found here.
WHAT: Preliminary Hearing on Lawsuit Filed Against Sununu Administration Over Premature Cut-Off of Federal Unemployment Assistance Benefit PUA
WHEN: Friday, September 3rd at 2:00 PM
WHERE: Virtual via Webex, Courtroom 4 in Hillsborough County Superior Court – South Nashua, NH
RSVP: Press should email tjackson@courts.state.nh.us for the virtual Webex link. The case number is 226-2021-CV-00423. More instructions available here.
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Granite State Progress is a progressive advocacy organization that addresses issues of immediate state and local concern. Granite State Progress works as a communications hub for the progressive community to provide a strong, credible voice in advancing progressive solutions to critical community problems. Visit https://granitestateprogress.org/ to learn more.
ICYMI: Granite Staters File Lawsuit Against Sununu Administration Over Premature Cut-Off of Federal Unemployment Assistance Benefit
Last Updated: September 3, 2021 by Granite State Progress Leave a Comment
Ruling could return thousands of dollars to Granite State families facing the loss of a job or income due to the COVID-19 public health pandemic
CONCORD, NH – In case you missed it, a new lawsuit was filed in the Hillsborough County South Superior Court last week against Governor Chris Sununu’s Administration for prematurely cutting off federal unemployment benefits available to Granite Staters under the CARES Act. The suit is filed on behalf of four plaintiffs seeking a declaratory ruling and injunctive relief to reinstate the benefits, which could return thousands of dollars to Granite State families facing the loss of a job or income due to the COVID-19 public health pandemic. A court date is set for Friday, September 3rd.
Media Round Up
NH Bulletin: New Hampshire sued for early end to federal unemployment benefits. “New Hampshire is now one of 15 states that have been sued for ending federal unemployment benefits before they expire Sept. 6. Similar lawsuits have seen some success in at least three states, failed in several, and are pending in the rest. The lawsuit filed in Hillsborough County Superior Court on behalf of four people who received federal pandemic benefits alleges the state Department of Employment Security did not have the discretion to end the federal benefits. The court has scheduled a hearing for Sept. 3.”
NHPR: Granite Staters File Lawsuit To Reinstate Some Pandemic Unemployment Benefits. “Michael Perez of Perez Law represents four plaintiffs in the case. He says the suit focuses on the PUA program because unlike other pandemic programs, the state should not be able to opt out, based on language in the CARES Act. He says while a provision exists for states to terminate other programs, such a provision does not exist for PUA. Additionally, Perez argues, two other sections in the law make the program mandatory. Perez also says language already in New Hampshire law obligates the state to distribute a program like PUA. He says courts in a few other states with similar statutes, like Arkansas and Ohio, have ruled benefits must be reinstated in similar challenges.”
New Hampshire Union Leader: Sununu sued over early end to extra unemployment. “Lawyers for those suing said they were optimistic about their chances because judges in four states have overturned these decisions in states with Republican governors to bring an early end to the extra, $300-per-week benefits for all on the unemployment rolls. New Hampshire was the only state in the Northeast to end these benefits early. The cancellation of this program threw 15,000 off the rolls, according to the lawsuit.”
Public News Service: Groups Urge NH Agency to Pay Out Pandemic Unemployment Assistance. “The unemployed are being villainized,” McKay contended. “They’re being told you’re lazy, you get a job. And I can assure you that the people that were relying on unemployment actually need it. They’re struggling to keep up with just day-to-day expenses and looking for work and not finding it.” While New Hampshire was among the states that cut off benefits early in an effort to get people back into the workforce, studies so far have shown no increase in employment.”
Laconia Daily Sun: New Hampshire sued over federal jobless benefits. “PUA was created to provide jobless benefits to “gig economy” workers and others who didn’t qualify for regular state unemployment benefits. It is one of several other federal unemployment programs that are set to expire on Sept. 6, absent congressional action. The lawsuit notes that the U.S. Department of Labor is allowing states to reinstate participation in PUA and other programs even as it expires, “including back benefits to eligible claimants.” Lawsuits filed in several states, including Arkansas and Oklahoma, have successfully forced officials to provide PUA back pay to those who are eligible for the benefits but were cut off.”
New Hampshire Union Leader: New Hampshire sued for ending COVID-19-related jobless benefits. “The lawsuit takes direct aim at eliminating this program, designed for workers who don’t normally qualify for federal jobless benefits …“What’s unique about this program, unlike the other types, is that PUA is a mandatory program. Neither state nor federal law gives N.H. Employment Security the authority to abandon PUA before it expires,” said Mike Perez, the lawyer representing these residents. “The law says that the state shall participate.”
Eagle Tribune: Unemployment benefits lawsuit. “Four New Hampshire residents filed a lawsuit Friday challenging a decision by Gov. Chris Sununu’s administration to end unemployment benefits under the federal CARES Act nearly three months earlier than they were scheduled to run out on Sept. 6. The lawsuit filed in the Hillsborough Superior Court in Nashua against the state of New Hampshire and New Hampshire Employment Security and its commissioner asks a judge to reinstate the benefits dating back to June 19, when they were ended. Similar lawsuits have been filed in other states where the benefits were ended early.”
Hippo News: PUA Lawsuit. “Pandemic Unemployment Assistance was created to help people with careers and businesses that were interrupted because of the pandemic, and who otherwise would not be eligible for the typical unemployment benefits,” Perez said in the release. “Neither state nor federal law gives New Hampshire Employment Security the authority to abandon PUA before it expires … We did ask New Hampshire Employment Security to reinstate PUA before filing suit, but we have not heard back from them in response to that request.”
Conway Daily Sun: New Hampshire sued over federal jobless benefits. “One of the plaintiffs, Cassandra Caron, lost her job as a cosmetologist during the pandemic and began receiving PUA benefits to cover rent, food, utility bills and other basic expenses. But when the state ended its participation in PUA on June 19, the single mother said she has been unable to find another “suitable job” or provide for her family, the lawsuit alleges. “With dwindling savings and no income, Cassandra made a difficult choice to apply for disability benefits based on her traumatic brain injury, PTSD, and Type II narcolepsy,” the complaint reads. “The early termination of PUA benefits actually helped remove Cassandra from the workforce.” Another plaintiff, Aaron Shelton, is a self-employed social media marketer whose work up dried during the pandemic, forcing him to seek federal unemployment benefits. PUA covered his basic living expenses – such as car payments, food, utilities and rent – but when those benefits were cut off in June, he had to tap into his savings to stay afloat. Now he’s running out of money, according to the lawsuit … The lawsuit notes that the U.S. Department of Labor is allowing states to reinstate participation in PUA and other programs even as it expires, “including back benefits to eligible claimants.” Lawsuits filed in several states, including Arkansas and Oklahoma, have successfully forced officials to provide PUA back pay to those who are eligible for the benefits but were cut off.”
Boston Globe: LAWSUIT-UNEMPLOYMENT BENEFITS. “New Hampshire was among the first to expand eligibility for unemployment benefits when the pandemic first struck. Thousands of people were collecting unemployment benefits, including $300 per week supplemental payments either from the state or a federal program created during the pandemic. The state decided to end the extra payments June 19 because the unemployment rate had dropped and given the abundance of available jobs, Sununu had said. Mike Perez, an attorney representing the four residents, said neither state nor federal law gives New Hampshire Employment Security the authority to abandon a program known as Pandemic Unemployment Assistance before it expires. George Copadis, the employment security director, deferred to the state attorney general’s office to comment. Messages seeking comment were left with that office and with a spokesperson for Sununu.”
CBS Boston: Did Cutting Unemployment Benefits In New Hampshire Ease The Worker Shortage? “In New Hampshire, the benefits ended in June, but that hasn’t had much of an impact on the need for workers. Stephanie McKay runs a Facebook group for people looking for jobs in New Hampshire. There are 4,500 members. “We have a lot of single parents who can’t work in the service industry,” McKay told WBZ-TV. Even though there are jobs available in the service industry, not everyone can take one of those because of child care and health issues.”
The initial press release reviewing the case can be found here.
A copy of the full legal petition and plaintiff stories can be found here.
###
Granite State Progress is a progressive advocacy organization that addresses issues of immediate state and local concern. Granite State Progress works as a communications hub for the progressive community to provide a strong, credible voice in advancing progressive solutions to critical community problems. Visit https://granitestateprogress.org/ to learn more.
NH Education Commissioner Frank Edelblut Says Sununu’s School Voucher Scheme May Cost NH Taxpayers $6.77 Million – or 5,257% More – Than Expected in 2021-2022; Public Education Advocates Raise Alarm, Plan to File Legislation
Posted: August 31, 2021 by Granite State Progress Leave a Comment
Sununu’s Administration told lawmakers the school voucher program would have approximately 28 students in 2021; on WMUR Close Up this weekend Edelblut admitted he expects 1,000 to 1,500 students this year
CONCORD, NH – On WMUR Close Up on Sunday, Governor Chris Sununu’s Education Commissioner Frank Edelblut admitted that the school voucher scheme passed into law by Sununu and his Republican majorities in the State House may cost the state an additional $6.77 million this year alone – or a 5,257% increase over what Sununu’s administration told lawmakers to expect.
“Sununu’s school voucher scheme is already expected to cost the state $69.7 million over three years in new state spending and disproportionately affect rural districts, districts that serve large proportions of low-income students, and districts that have lower capacity to raise revenue through taxes, often referred to as “property-poor” communities,” said Megan Tuttle, President of NEA New Hampshire. “Now we learn that Governor Sununu and his Republican majorities in the State House will further hurt property taxpayers by having absolutely no checks and balances on how many of these scholarships are released. The first bill is not even due yet, and the Education Commissioner is telling us he expects to be $6.77 million dollars over budget.”
“We need an immediate breakdown regarding how many school voucher applications are for new versus returning private, religious, and homeschool programs,” said Zandra Rice Hawkins, executive director of Granite State Progress. “It’s a question of whether the state or local communities will be footing the bill, and how much the state is subsidizing students who long ago opted out of public education. Sununu’s school voucher scheme diverts a substantial amount of taxpayer dollars to privatized education, and communities that are already expecting to lose hundreds of thousands of dollars in state aid need to know if the property taxpayers in their community need to brace for even more hits from Sununu and State House Republicans, especially as the state budget they passed also leaves a more than $25 million hole in state education aid next year.”
In reaction to the potential $6.77 million increase in costs for school vouchers, public education advocates in the state legislature are filing a bill in September to limit the number of school vouchers and stay within budget.
“All New Hampshire students need to be able to count on a strong, robust public education,” said State Rep. David Luneau, a member of the House Education Committee. “Sununu’s school voucher scheme takes money from our public schools and sends it to private, religious, and home schools, now we are being told that millions more than expected in taxpayer dollars will be siphoned off for these vouchers. We need to put a cap on program costs based on what was presented to the legislature by the commissioner, so that New Hampshire can plan appropriately. It would be fiscally irresponsible to let this program continue with no checks or balances on how many taxpayer dollars are being spent on it. The proposed legislation will set critical guard rails, and we should also explore other options for how to quickly reign in this program before the first check is cut next month. Right now New Hampshire has opened itself to incredible financial risk by having no guidelines here.”
“No public school district would be able to come in this much over budget, and Sununu and Edelblut should hold school privatization programs to the same standard,” Tuttle said. “From start to finish, there has been no accountability for Sununu’s school voucher scheme.”
Sununu’s school voucher scheme is one of the most expansive in the country and lacks oversight. Rules around it have been rushed and rubberstamped by Sununu’s Republican majorities in the State House and appointees to the NH Department of Education and State Board of Education.
The news about New Hampshire’s actual number of school voucher applications comes the same week as former Trump Secretary of Education Betsy DeVos, a favorite of Sununu and Edelblut, visits the state to tout school privatization and diverting public taxpayer dollars to private, religious, and home schools.
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Granite State Progress is a progressive advocacy organization that addresses issues of immediate state and local concern. Granite State Progress works as a communications hub for the progressive community to provide a strong, credible voice in advancing progressive solutions to critical community problems. Visit https://granitestateprogress.org/ to learn more.
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Citation: Sununu Administration estimates for school voucher program, $129,000 estimate for FY 22 (page 9): http://www.gencourt.state.nh.us/LBA/Budget/operating_budgets/2022-2023/C_of_C/06-17-21_CofC_Surplus_Statement.pdf; Scholarships range in amounts but NH DOE materials indicate an average of $4,600. An increase to 1,500 school vouchers may cost NH taxpayers $6.77 Million – or 5,257% — more than planned.
Granite Staters File Lawsuit Against Sununu Administration Over Premature Cut-Off of Federal Unemployment Assistance Benefit
Last Updated: August 30, 2021 by Granite State Progress Leave a Comment
Federal and state law requires New Hampshire to extend benefits to est. 15,000 eligible Granite Staters facing loss of income due to COVID-19 pandemic; struggling Granite Staters deserve the federal benefits guaranteed to them
CONCORD, NH – Today a new lawsuit was filed in the Hillsborough County South Superior Court against Governor Chris Sununu’s Administration for prematurely cutting off federal unemployment benefits available under the CARES Act. The suit is filed on behalf of four plaintiffs seeking a declaratory ruling and injunctive relief to reinstate the benefits.
Background on Lawsuit
The federal CARES package established several pandemic-related unemployment insurance programs which NH Employment Security prematurely terminated nearly 3 months before the programs were set to expire, impacting tens of thousands of Granite Staters struggling with the loss of income or jobs due to the COVID-19 pandemic. One program in particular, the Pandemic Unemployment Assistance (PUA), covers workers who are not eligible for regular unemployment insurance benefits, such as self-employed people, independent contractors, gig workers, and people who started a job too recently before becoming unemployed. The sudden and early termination of this program has harmed Granite State families, even though federal and state law specify the benefits must be made available and even though the program is fully funded by the federal government, including all administrative costs. An estimated 15,000 Granite Staters are impacted by the early termination of this program alone.
Impact on Granite Staters
The law clearly indicates that the federal benefit shall be made available to Granite Staters. Moreover, prematurely cutting the benefit has added more economic insecurity for families facing challenges due to COVID-19, fueling cuts to household spending while not leading to significant job gains. Experts say the real challenge is barriers to workforce re-entry such as child and caregiving responsibilities, health issues, transportation, and other factors.
Stephanie McKay, moderator of the NH Unemployment During COVID-19 Facebook group of over 4,500 Granite Staters who experienced unemployment during COVID-19 is filled with families who are trying to get back to work but face significant barriers: “We are hearing from parents who do not have adequate child care. Summer camp registrations that closed within a day of opening, so even if people could afford it, they couldn’t get in. The self-employed have been hit particularly hard. They’ve spent years building a business that they are expected to just throw away. They are still working on rebuilding it, but they are not seeing the business they saw 18 months ago. We have medically compromised members who cannot go back to work in the same way, cannot go into an office setting, cannot go into the service industry. We have the career-oriented or very skilled members who are applying for jobs that less experienced individuals are getting because they have lower starting salaries. People are terrified to say anything because the unemployed are being villainized. We are seriously facing hardships. People are asking questions like how are we supposed to buy our children school supplies? We have one member, a mom of twins working three jobs right now, who still can’t make ends meet, and can’t get her child a backpack. PUA was carrying them. These benefits were a lifeline to help cover basic expenses for many families. Sununu cut it for effectively no reason.”
“Cutting unemployment benefits didn’t lead to significant job gains, it led to more financial uncertainty for already stressed Granite State families,” said Zandra Rice Hawkins, executive director of Granite State Progress, which is helping with the lawsuit. “It makes absolutely no sense for Sununu to accept other COVID relief funds but tell families in economic crisis through no fault of their own, tough luck. There are real barriers to workforce reentry such as child care and other caregiving responsibilities, reasonable wages and hours, lack of transportation, and most importantly the ongoing public health crisis that puts too many workers and their families at risk without stronger public health guidelines. Governor Chris Sununu could do something to alleviate these issues for Granite Staters looking for work, but he instead chose to punish unemployed residents by cutting off their assistance with little to no action to address these barriers. Our Congressional delegation fought hard for these benefits for Granite Staters and they deserve to be able to access them.”
Legal Process and Timeline
With this filing, New Hampshire becomes the 15th state to file a lawsuit against a GOP Governor for prematurely ending Pandemic Unemployment Assistance. In 4 states where suit has been filed, plaintiffs have been reinstated with their federally-guaranteed assistance and have been granted back-pay by the courts.
“Pandemic Unemployment Assistance was created to help people with careers and businesses that were interrupted because of the pandemic, and who otherwise would not be eligible for the typical unemployment benefits,” said Mike Perez of Perez Law, who is representing the four plaintiffs. “It’s one of a few pandemic related unemployment insurance programs. What’s unique about this program, unlike the other types, is that PUA is a mandatory program. Neither state nor federal law gives NH Employment Security the authority to abandon PUA before it expires. The law says that the state shall participate. My clients are asking the court to reinstate the program, including retroactive benefits from June 19th. The US Department of Labor has publicly invited states like New Hampshire to reinstate the program, which is federally funded including all of the administrative costs. We are asking the court for preliminary injunctive relief as Granite Staters like my clients are suffering without it as they work to recover from the economic effects of the pandemic. We did ask New Hampshire Employment Security to reinstate PUA before filing suit, but we have not heard back from them in response to that request.”
The four plaintiffs include Cassandra Caron of Manchester; Brandon Dean of Dover; Alison Petrowski of Manchester; and Aaron Shelton of Merrimack.
A copy of the full legal petition and plaintiff stories can be found here.
To contribute to the legal fund for the lawsuit, visit Granite State Progress COVID-19 Action Fund.
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Granite State Progress is a progressive advocacy organization that addresses issues of immediate state and local concern. Granite State Progress works as a communications hub for the progressive community to provide a strong, credible voice in advancing progressive solutions to critical community problems. Visit https://granitestateprogress.org/ to learn more.
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