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unemployment claim still pending. whats taking so long?

I filed for unemployment 2 months ago and they say its still pending. I call each week like I'm suppose to. They said that my employer put that im still employed. They're the government they can see that I haven't received a check.

Can the employer get in trouble or penalized for saying that I'm still empoyed when I'm not?

What can I do to speed up the process?

Is there any legal action I can take for the government taking so long?

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Two months seems like a long time IF (big IF) all your paperwork is in order.  Your former employer can certainly get into trouble if it is falsifying employment records or otherwise improperly impeding your claim.  I suspect something else is going on with your claim.  Certainly, issues can develop if your employer claims anything other than a "layoff." The employer may claim you quit or some other non-qualifying reason for your departure.  You should be able to obtain this information from your service representative at the Office of Labor and Workplace Development.  You may be entitled to offer rebuttal information to what the employer has claimed, and you may ask for a second interview with the service representative.  If your claim truly is being held up because your employer claims you are still working then you are correct:  That issue should be easily resolved.  Your former employer can either show records of your continuing employment or it cannot.  I can't really offer any useful information to you other than this:  Ask your representative (politely but firmly) to explain what is being done to resolve the issue, whether you need to do anything, and how long it should take to clear up the issue.  For more general information about unemployment claims, visit our MA Employment Law Discussion Forum.


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