Holding Unemployment Insurance Agents Accountable

When Your Unemployment Agency Ignores Your Documents

Once the Trust Law Remedy™ documents have been duly sent out, received by the designated agency (“Agency”) and the Agency has not provided an Affidavit of Rebuttal refuting the facts and conclusions stated in the Trust Law Remedy™ documents in a timely manner, then these facts and conclusions become the agreed upon facts and conclusions between the parties. Remember:

Silence is Acquiescence.

You gave them every opportunity to rebut the facts detailed in the NOTICE OF TRUSTEE FIDUCIARY OBLIGATION.Therefore their silence and non-response has resulted in the Default of the NOTICE OF TRUSTEE FIDUCIARY OBLIGATION and this NOTICE OF TRUSTEE FIDUCIARY OBLIGATION is now a legally binding contract, as well as an estoppel and waiver to any future challenges.

If the Agency truly serves the best interest of the Beneficiary, then an agent(s) will make all of the changes in their record keeping systems and take the proper actions to provide a full and complete remedy as stated in the Trust Law Remedy™ documents. However, the experience of many of REKTIFIRE’s clients is that most of these agencies serve their own interests at the expense of the best interests of the Beneficiaries to whom they are mandated by federal statute to serve.

So how do we deal with those agencies that fail to comply with the terms of the defaulted Trust Law Remedy™ documents. Before we give a framework for how to deal with non-compliant agencies, we need to gain a knowledge of how “Notices” are viewed legally and how the Trust Law Remedy™ documents meet these legal requirements:

  • Notice – Information; the result of observation, whether by the senses or the mind; knowledge of the existence of a fact or state of affairs; the means of knowledge. Intelligence by whatever means communicated. Koehn v. Central Nat. Ins. Co. of Omaha, Neb., 187 Kan. 192, 354 P.2d 352, 358.
  • Notice – A person “notifies” or “gives” a notice or notification to another by taking such steps as may be reasonably required to inform the other in ordinary course whether or not such other actually comes to know of it. A person “receives” a notice or notification when: (a) it comes to his attention; or (b) it is duly delivered at the place of business through which the contract was made or at any other place held out by him as the place for receipt of such communications. Black’s Law Dictionary – Sixth Edition, West Publishing Co. 1990, p. 1062.
  • The Trust Law Remedy™ set of documents provided by REKTIFIRE are a set of notices designed to give the “knowledge of the existence of a fact or state of affairs” concerning REKTIFIRE’s clients to the principal and agents of the state or federal Agency that the clients have a dispute with. These notices are signed under penalty of perjury by the clients, notarized, delivered with a certificate of service and signed for by an agent or principle of the Agency that is the intended recipient of the notice.(This may seem like overkill, however our experience with in-house (agenda driven) administrative hearings / “courts” as well as actual county, state and federals courts is that evidence is excluded all to often from cases / hearings merely because the opposing party claims that the document was never received, was a different document in the envelope sent, was not in proper legal format, proper chain of custody was not maintained, etc.)
  • When these Trust Law Remedy™ documents are executed and sent out properly, they meet the definition of notice in Black’s Law Dictionary under (b) stated above.
  • Most notices that we receive in the mail, via email, text, phone, etc. are not clear, are not signed and are designed to deceive and induce (via threats of theft and / or incarceration) the recipient to deliver money or property to the sender.
  • The Trust Law Remedy™ notices on the other hand are very clear and explicit. There is no ambiguity regarding the facts and no ambiguity regarding what are the required actions.It also means that there is no excuse for the state unemployment insurance agency to ignore the facts, conclusions and action items attested to within the documents.

Next Steps – Hold Them Accountable

Typical Agency Response

Often a client who has completed the Trust Law Remedy™ process will receive a form letter from the designated Agency. This form letter oftentimes is yet another “business as usual” notice from the Agency which has no mention of the fact that the Agency received the Trust Law Remedy™ documents. In other cases, there will be a vague acknowledgment that the Agency received 1 or more documents but the form letter will not cite any of the documents by name, will not refute any of the points made and will generally ignore the contents of those documents. In addition, the form letter will never be signed (much less under penalty of perjury) and if a sender is identified it will be a department (e.g. Legal Department) or by an agent’s internal number (never a name). This is done on purpose in order to make it more difficult for the client to hold an individual agent accountable for their actions.

One or more of the following will be included in this form letter:

  • a vague dismissal of the unnamed document(s) sent
  • a reminder of the overpayment or debt outstanding
  • an offer to file an appeal with the agency where they are judge, jury and executioner
  • an offer to discuss (their facts, their procedures, their conclusions) over the phone
  • an escalation threat (e.g. to garnish wages, steal your state or federal tax return, put a lien on your assets, etc.)

How to Proceed

  1. Don’t be intimidated: You have the facts and the law on your side. You are an eligible Beneficiary of the Unemployment Trust Fund.
  2. Understand Your Role: Review the Notice of Fiduciary Obligation that you sent out. This document states the facts, conclusions and actions that the Agency must comply with. You will use these facts, conclusions and demanded actions to hold the Agency accountable.
  3. Take Action: Send a reply to the recent notice.
    1. Ask them why did they send you this current notice when the matter is settled. Let them know that you have had correspondence with the head of their agency (Commissioner, Executive Director, Secretary, etc. – the recipient listed in the header of the Notice of Fiduciary Obligation that you sent out) and that this matter is settled according to Trust Law and their online portal and records should reflect this.
    2. Tell the sender that they should have received a copy of the Notice of Fiduciary Obligation from the head of their agency but in case that they do not have a copy, you are including a copy of the Notice of Fiduciary Obligation with this letter.
    3. Refute any assumptions that the Agency notice makes. Cite relevant sections of the Notice of Fiduciary Obligation as they are now the agreed upon facts to your case.
    4. Remind them that their continued pursuit of this matter is in violation of the Penalty Clause of the Notice of Fiduciary Obligation and that you will invoice them for $500.000.00 if they do not cease and desist. And remember that the penalty is $500,000 per each violation listed in the Discrimination Fee Schedule of the Notice of Fiduciary Obligation.
    5. CC the head of the agency (this will be at the top of the Notice of Fiduciary Obligation) and send a copy to the head of the agency.
  4. Invoice: If your response document is ignored, and the Agency does not take the required actions, then send an invoice (for $500.000.00) to the Agency’s billing department. You should make the invoice payable in 30 days. If the Agency does not pay within 30 days, then send a 2nd Notice of Payment. If the Agency does not pay the 2nd Notice of Payment, then send a Final Notice of Payment. When these notices are exhausted, you can either file a civil suit against the Agency or sell the $500,000 debt to a 3rd party debt collector.Remember that each time they send a notice, attempt a collection action or do not correct the errors within their records (to the facts stated in the Notice of Fiduciary Obligation) after they have defaulted on the Notice of Fiduciary Obligation they owe another $500,000 and invoices should be sent out.
  5. Phone Calls: In general, phone calls are to be avoided as they are a lower standard of evidence. However, if you need to answer a previously scheduled call such as an appeals hearing, you should follow this script:
    1. Tell the agent(s) on the call that you are recording the call.
    2. Ask them whether they have received a copy of the Notice of Fiduciary Obligation that you sent to the head of their agency.
      1. If they did receive a copy of the Notice of Fiduciary Obligation, tell them that the content of the Notice of Fiduciary Obligation are the settled facts, conclusions and action items for this case and that this call / hearing is not necessary as there is no controversy, the matter is settled and the only action required is on their end which is to update their records and their online portal to reflect the settled facts, conclusions and action items contained within the Notice of Fiduciary Obligation.
      2. If they are not in receipt of a copy of the Notice of Fiduciary Obligation, tell them that you can email this document to them for their records and that the content of the Notice of Fiduciary Obligation are the settled facts, conclusions and action items for this case. Tell them that the current hearing / appeal is not necessary and they no longer have jurisdiction in this case as it is a settled matter, there is no controversy, and the only action required is on their end which is to update their records and their online portal to reflect the settled facts, conclusions and action items contained within the Notice of Fiduciary Obligation.