Andrew Grosjean is an attorney (CA). He lives in Michigan and worked with his wife in Unemployment Hearings. Call Glenda 313 729 9798
Ideally, you would never lose your job. But you did; and now you are at the Unemployment Insurance Agency (UIA) office, filling out forms so you can seek unemployment benefits. When you fill out these forms, there are some things you need to keep in mind to protect your rights.
They will ask you: How did you lose your job?
If you are seeking benefits:
- The best way to have lost your job is a layoff.
- Next best is to get fired, or to "quit in lieu of termination."
- The least beneficial for unemployment benefits is for you to quit.
Now in each of these situations, you can still get unemployment. But as you go down the list, it becomes harder.
Protect Your Rights
What words would you use to describe what happened to your job? The word that might come to mind when you write your resume isn't necessarily the best one to put on the unemployment forms. Here are some words you might use and how they might be interpreted.
• Laid off: This really only applies when the employer has run out of work for you to do.
• Discharge, termination, fired, “let go”: All these terms are usually interpreted to mean the same thing: the employer had work for you but he/she chose to end your job.
• Voluntary leaving, resignation, quit: These terms also usually describe one thing: you yourself chose to end your employment.
• Involuntary leaving: This term means you were forced to leave the job; it was outside of your control to stay or leave.
• Resignation in lieu of termination: This might sound like you quit your job, but in fact, it means the opposite. In this situation, you understand the employer is going to fire you, so instead of waiting for that to happen, you quit to avoid having the “fired” mark on your resume. For unemployment purposes, this is still a termination because the employer, not you, started the separation. This is a good thing.
Filling Out Your Forms to Get Unemployment
Some things to keep in mind when you fill out your forms to get unemployment:
• Be as truthful as you can. If you fudge the facts, or worse, lie, it can come back to haunt you. Besides that, lying is just wrong. The last thing you want to do in a hearing is have to explain what looks like a lie on your forms. I have seen this happen too many times.
• When writing about a layoff, make sure you are using the word correctly. If the employer says, “I don’t have anything for you anymore,” he might be laying you off, or, in fact, he might be firing you. You have to know more before you call this a layoff. Do not say you were laid off when you know there was work for you. If the boss had work, but did not want YOU to do it, that is probably a firing, not a layoff.
• When writing about a firing, be truthful. Some people are afraid they will not get their benefits if they are fired. That is not necessarily true. Sometimes an unemployed worker does not want to say that he was fired, but if he was, he might as well say so. I have seen people who should have gotten their benefits lose them because it looked like they lied on their application. The judge is left to think, “If they lied on their application, maybe they are lying in the hearing.”
• When writing about quitting, you need to tell the agency what was wrong with your workplace. You know what considerations caused you to quit. In most cases, any considerations that came from your personal life at the time will probably not help you get benefits. You generally need to focus on what your managers, co-workers, or employer did to you that was wrong.
Steps of Protest/Appeal
The Levels of Protest That Your Claim May Go Through
- You fill out your forms and file your claim, and the agency makes a decision.
- The UIA issues a Determination. This happens when one of the parties disagrees with the agency's decision on someone’s benefits. This Determination can be for the Employer or the Claimant.
- If one of the parties (employer or claimant) disagrees with the agency's decision on someone’s benefits, whoever loses may send a written protest to the UIA within 30 days.
- The UIA issues a Re-Determination based on the facts received in the protest. Sometimes the UIA reverses the decision in the Determination, but in my experience they usually affirm the Determination.
- Either the employer or the claimant may protest that Re-Determination within 30 days.
- The UIA forwards the case over to the Office of Appeals. You get a chance to have a hearing, talk to a human, and tell your side of the story.
- Whoever loses in the hearing has the automatic right to appeal (again within 30 days) to the MESC Board of Review. This is the last step in the Unemployment system.
- Whoever loses before the Board of Review can take it to Circuit Court. But at that point, it is no longer in the unemployment system; it is now in the Judicial Court system.
- You can take an appeal beyond Circuit Court. Some Michigan unemployment claims have gone all the way to the U.S. Supreme Court.
How to Protest the Determination
After you file your application you will get a Determination. The Determination will be for your or for the employer. Either you or the employer can protest.
It can happen that the unemployment agency decides you do not deserve benefits, even if the employer has not protested you getting them.
So how do you protest a determination against you?
1. Make sure you get your protest in on time. You have to get your protest to them within 30 days of when they sent the determination to you, not of when you received it. The protest also must actually get to them before the deadline; being postmarked on time is not good enough. You may want to fax and mail it both.
2. Make sure you include the following information.
- Social Security Number
- Identify the issues you are protesting. If possible, include all the issues involved by number (29(1)(a) or 29(5), etc.).
- Clearly say: “I want to protest the Determination dated . . .”
- You may want to add all kinds of other information, but you do not have to include anything else to protest.
3. Sometimes people are dealing with several issues at once without realizing it. They may think all the notices they receive are the same or duplicate copies of the same determination. Sometimes, you will receive two determinations that look the same on the same day. You need to make sure that you protest all the determinations that you disagree with.
4. You do not have to write your life story in protest. Keep it short and to the point. Telling them how good an employee you were in things unrelated to your firing will not help you. For example, if you were fired for stealing or threatening somebody, it does not matter much that you were on time to work every day for twenty years. If you were fired, it usually does not matter that they mistreated you in other ways as well. Also, unless you are asking for a Waiver of Restitution, your financial hardships do not make a difference. Keep it concise. I have seen people protest the determination in such a complicated way that the examiner did not know it was a protest. Keep it short and direct, and avoid too many details.
5. If you want to convince the Unemployment Examiner to reverse their determination, chances are that you will need to send some kind of paper evidence that proves your point. Just telling your story is not enough. Include pictures, emails, documents from the employer, doctor's notes. If you do not have any of these, just protest, so you can tell your story to the Administrative Law Judge (ALJ).
As a rule, when you are employed and you speak to anyone about your job, you should make a record for yourself of who you spoke to and what was said and when. The same is true when you file for unemployment; you really should make a record on a calendar, planner or notebook whenever you speak to someone about your unemployment. Note who you spoke to, when, what was said, and what your reaction was. You never know when such a note could mean the difference between getting and not getting your benefits.
When you protest your determination, keep a copy of your protest, noting the date and the method of communication: fax, mail, online, or in person.
Many people lose because they do not keep a careful personal record. Use a calendar or notebook. You never know when the question of winning will come down to a simple detail, like who you spoke to at the UIA or when. It takes a lot of work to document such things, but it is your life, after all. It's true you may never need this record, but I have seen too many people who have lost what they were legally entitled to because they did not jot down a simple note.
Finally, you can hurt yourself if you give too much information in your protest. Too much information becomes confusing. It can give the other side ammunition to twist around your words and mix you up.
How to Protest the Redetermination
You can protest a Redetermination, just as you can a Determination. Refer to the information above and below.
Often the examiners simply reaffirm the Determination unless some kind of documents are submitted. If you do submit documents, these need to be something other than just your story. People pour their soul into telling the same story over and over when when they really don't need to. I have seen the UIA reverse Determinations and Redeterminations, and most of the time, it was because some documents were sent in, in addition to just the story. These documents could be pictures, business records, or emails, for example.
If you do not have anything except your story, you might consider saving yourself some hassle. What I mean is: do not torture yourself trying to dredge out every conceivable fact or nuance of the situation. Consider just writing a protest letter that says, “I disagree with the Determination that said I was disqualified for . . . I want to protest.” Short, sweet, and simple.
In my experience, unless you submit documents like those mentioned above, the UIA is not going to reverse the decision in your favor anyway. Save yourself the hassle. When you get to the hearing, that is when you get to lay out your story for a real person.
Once you have a Determination and then the Redetermination, if either side protests, you are going to a hearing. This is what you have been waiting, longing, yearning for. It is the chance to tell your story face to face with a real person, not just an agency. Just remember, you do not have to write your autobiography to get here. Just protest the Determination and the Redetermination. Then, you get your hearing.
To prepare for your hearing go to my article Advice for Unemployment Hearings in Michigan.
A Question of Honesty
Burden of Proof
If you were fired, you do not have to prove anything. The employer has the burden to prove to the Unemployment Agency that you did something wrong for you to be denied your benefits. So, when you are filling out your applications and protest, reiterate that the termination was the employer’s choice. It was unfair to you. You should not have been fired for this event because. . .
Now if you resigned, it's you that has to prove something: you have to prove that either you quit because the employer did something that would force a reasonable person to quit, or you did not have a choice.
So, do not tell the UIA about your problems that you were facing at home and in your family. Instead, you need to show:
- The employer did something wrong: something wrong was happening that was under the employer’s control. This needs to be something that would cause a reasonable person to quit.
- You complained to a supervisor (preferably more than once) about the problem.
- You gave them a chance to fix it.
- It was still not fixed.
So, if you resigned, the above is what you want to try to prove as you are filling out your applications and your protest, or even if you are going to the hearing.
One More Word on the Burden of Proof
This is not a criminal trial. The level of proof needed to carry the burden is not “beyond a reasonable doubt.” The level is by the “preponderance of evidence.” If we could put this in math terms, somebody has to convince the ALJ by 51% of the proof. If the judge looks at the evidence for both sides and equally believes both sides, then the burden of proof has not been carried.
Let me put this in practical terms.
- If you were fired, the employer has the burden of proof. If at the end of the hearing, the judge finds both sides equal in their evidence. You should win because the employer did not carry their burden to prove you did something wrong. They need to tip the scale to their side to win.
- If you quit, and at the end of the hearing, the ALJ finds the evidence equal between both sides, you will lose. This is because you have not tipped the scales to make the judge believe you. You have not carried your burden of proof.
You can tip the burden of proof in your favor by having another witness to the event, or by documents that agree with your side of the story, for example, pictures or emails.
About the Author
Andrew Grosjean is an attorney at law (licensed in CA). He lives in Michigan and has worked extensively with Michigan Unemployment Hearings since 2001. His wife, Glenda Grosjean, is also an Advocate for Unemployment (since 2004) and for Disability.
If you need help with an Unemployment Hearing, in person or by telephone conference, the Advocacy Program may pay for consultation and representation at the hearing level. This service is provided at no charge to the Claimant.
This article is intended to provide helpful tips for those that are facing an unemployment hearing in the state of Michigan. It is simply my personal opinion and should not be construed as specific legal advice. If you are facing a hearing of this type, you should confer with a specialist in this area to analyze your specific situation and give you a proper opinion on how you should pursue your case. While the author has been authorized to represent Claimants through the Advocacy Program, and is a California attorney, Andrew Grosjean is not licensed to practice law in Michigan.
This article is accurate and true to the best of the author’s knowledge. Content is for informational or entertainment purposes only and does not substitute for personal counsel or professional advice in business, financial, legal, or technical matters.
Tiffany on April 18, 2018:
I need help with my husband unemployment case. He was on medical leave from feb 16 through april 30. He was fired on april 2 via letter from his via usps mail. We filed unemployment. Now we need to do fact finding. Should he put he is still on medical leave until april 30. Or should he get his doctor to write letter stating he can return to work on april 2 ?
Anthony c on March 26, 2018:
I was fired for misconduct accessive attendance but the last day I called in due to my tire being flat later that day I got fired I was denied benefits I appealed to a judge do you think my case have a possibility of getting reversed
jputz66@gmail on January 29, 2018:
What does level 3 issue closed mean ?For uia
jay bricker on December 14, 2017:
Hi I got a quick ? I got accepted for benifts through Michigan unemployment and I called Marvin 3 days ago and said my payment will be issued the following day still haven't got it and it's been 4 days I called uia today and they told me there's a 10 day hold because one of my previous employer s is trying to protest the determination after it was accepted and I'm not really sure why there protesting or why there's a hold on my benifts I was laid off by the way. Any advice would be helpful thank you
CeCe on June 19, 2017:
I was receiving benefits in CA after being laid off. Months later my ex employer appealed my benefits saying they'd offered me a job with much lower pay and part time but would give me no details regarding hours or a schedule. On the last day of work upon receiving my last check, my GM presented me with a glowing letter of recommendation. And said he was sorry but HR of corporate was making him also ask me to sign a form stating that I refused a job. I said that I was refusing to sign the form because I never was officially offered a legitimate job and so never refused a job offer.
The rumor was that corporate always appealed unemployment benefits in regard to past unemployment claims in past employee claims, so I said... This sounds as if they are going to be shady and fight my claim. But I was told that the owners would not appeal. (Note* no one was denying that I was legitimately laid-off, but they were claiming they offered me a different job a few days before my last day employed there.)
After receiving benefits for a few months, I received notice that they were appealing my benefits. I had a telephone hearing and even the edd agent said there was not enough information about the so called job and released my benefits saying that though she agreed with me, my ex employer could still file an appeal against her decision, and they did. What are my chances of the judgement being on my side verses theirs?
I've been looking for work but just turned sixty and people are looking for younger employees now days.
The fact is if they'd offered me a job, I'd have taken it. I loved where I worked.
When I told my former Supervisor and my GM who wrote me the letter of recommendation what was happening, they both were shocked.
This is obviously a corporate HR thing who knows nothing about my situation and they are proving to me that the rumors of always appealing even the legitimate claims are true.
Andrew Grosjean (author) from Detroit on February 27, 2017:
The only way you will lose in a misconduct case (where you are fired) when the Employer does not show up, is if you admit to doing some thing that is wrong. Not being able to perform as they wanted is not misconduct unless you were purposely being lazy, wasting your time, or refusing to follow instructions.
Andrew Grosjean (author) from Detroit on February 27, 2017:
The best thing to do is just protest/appeal and get a hearing with the judge.
MH Ward on February 07, 2017:
This morning, I received from the UIA a redetermination that goes against me:
"You were fired from WAL-MART ASSOCIATES INC on December 16, 2016 for assault & battery in connection with work. Evidence provided has established your involvement
in assault & battery. You are disqualified for benefits under MES Act, Sec. 29(1)(h)."
However, I don't find the above to be the truth at all.
Do you have any advice on how I should deal with this
kind of charge?
MH Ward on February 02, 2017:
Not sure if my post is pertinent to the article here...
Since around 03-Jan-2017, the determination status for my claim has been “Pending Rebuttal-Add Additional Docs-In Progress.”
What does this status mean for me? How much longer do I
have to wait for this “Pending Rebuttal” to be resolved?
MiWAM has 8 payments all lined up and ready to be deposited
into my checking account, but the deposits are waiting for a
rebuttal from somebody somewhere.
AmyPenney on January 30, 2017:
Hello. I just had my unemployment hearing over the phone, as I was initially denied unemployment. My employer did not "appear" or call in to represent themselves at the hearing. The notice of determination states that "it has been established your failure to meet the employer's standards was intentional" and that I am "disqualified...under Sec. 29(1)(b)". Now, the stated in my termination paperwork states the reason for being fired was "poor job performance". When I was fired, the manager read the statement from the form I had to sign, and it stated that it was due to not having a consistent job performance. I told the judge this, and he asked me to elaborate, and I told him that I had daily, weekly and monthly checklists with tasks on them I was to complete, along with several other tasks which would I would be asked to do, but I was not consistently getting all of the tasks done. When he asked me if I wanted to add anything, I told him that I took my job very seriously and that I would never intentionally "throw" my job. I did add the fact that I had FMLA for two illnesses and that the event of absence due to one of these illnesses, covered by FMLA, probably contributed to me not getting my checklists completed, thus the "poor job performance". I had contacted an advocate, but she did not call in for the hearing as I had expected.
I am wondering if what I said to the judge- admitting that I did not consistently get my checklists done-threw my chances of having the determination reversed.
I am also wondering about whether you believe that my situation would fall under the "misconduct" realm (Sec. 29(1)(b)). I do not believe that it does, as the definition on the UIA site is, " willful and wanton disregard of the employer's interest, or of the employer's reasonable standards of behavior or the actions of the worker must show gross negligence". The UIA site also notes, ""[Misconduct in an unemployment compensation case is] ... conduct evincing such wilful or wanton disregard of an employer's interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. On the other hand, mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good-faith errors in judgment or discretion are not to be deemed 'misconduct' within the meaning of the statute."
This is some pretty heavy stuff they accused me of doing. I never once refused to do anything I was asked to do. I always said "yes" when asked to do something. I always followed company policies and procedures. (I did not say this to the judge) I simply was not able to complete all of my duties on a consistent basis
What are your thoughts?
I am sorry this message is so disjointed.
Also, since my employer did not "show" to the hearing, they could not "prove" any of these allegations, correct? From what I understand, whatever my former employer submitted to the UIA in order for them to make the initial determination was not forwarded to the judge to view at the hearing...This is standard with all hearing cases from what I have read, and both the employer and the employee must submit those documents again at the time of the hearing. Do I understand that correctly?
It seems to me that, if I am correct in what I have just stated, the odds for a reversal would be in my favor, since no "evidence" was presented to back up the allegations.
What do you think?
Thank you for your time.
Andrew Grosjean (author) from Detroit on January 15, 2017:
You have to make sure that you protest any Determinations or Redeterminations within a month to be on time, or a year to be considered. If you did not know about them, that can be a good reason for being late. But if you knew about one and just neglected to protest, you will have a problem unless there is some kind of exceptional circumstance.
carla vanderstelt on January 12, 2017:
I was fired for attendance Dec. 19 2013 and was denied benefits because the computer system deemed it a transportation issue due to an ice storm. It was a miss communication with the computer system. I didn't think I would have a chance protesting because the determination was final. Can I go back and re-apply for these benefits? My ex-employer was flabbergasted too, as a former employee got caught urinating outside of the building and received his benefits. Please let me know!! Thank-you in advance.
Andrew Grosjean (author) from Detroit on April 08, 2016:
Unfortunately, that is what happens in those cases. I think it has to do with the fact that if you miss the certification, you have to reopen your claim and that adds the additional time of ineligibility. If you do not find a job before your benefits end, you will still get those weeks at the end. They get tacked on, but you have to wait for them. You only lose them completely if you find a job before you get to the end of your benefits.
Matthew on April 07, 2016:
I simply forgot to certify for two benefit weeks in a timely manner and now Michigan UIA decided to not allow me to receive three weeks of benefits even though I certified for the most recent week on time. Is this right what they are doing? Is there any chance I can get back pay for all three weeks?
Andrew Grosjean (author) from Detroit on February 10, 2016:
Sorry did not respond sooner. I do still represent people for these matters. The Advocacy Program will provide you with a list of advocates if you contact them after you get a hearing. My phone number still works. I go through my voice mail. If you left a message, I tried to call you back.
cynita larkin on February 02, 2016:
thank you for explaining how this system works,i was clueless and without these benefits I have no income however ,I am seeking employment I was a great employee and didn't deserve this action against me
cynita larkin on February 02, 2016:
I thank you for, explaining this all because I was wooly fired and I was a great employee, for some reason was just let after I had came to work supposedly after I was fired,i didn't start this Indians should had been giving a chance to be heard
eben marie7 on January 20, 2016:
can you please tell me if you still represent people for the hearings? Is it hard to get an advocate, once you have a hearing scheduled? I am still waiting for my Redetermination. but I want to know these things, just in case I will go to a hearing. Is your contact number still the same? I have left you and your wife messages, but no response. please please help
Andrew Grosjean (author) from Detroit on October 30, 2015:
Unfortunately, I do not practice at that level. But if you need someone who does, give me a call. I will refer you to an associate of mine
john gethicker on October 29, 2015:
how do you appeal to the circuit court and what are the steps in michagan
K. Caldwell on March 28, 2015:
Today,I received a notice saying I wasn't eligible for a waiver of restitution, however the garnishment from UIA puts me in financial hardship. They said I don't fall within the income guidelines. I lost my case a few years ago, I didn't understand anything I requested an advocate and never got 1, which resulted in my loss. I signed a confidentiality agreement with the company for an incident that occurred, the way it look is that I was earning income but I wasn't I was fired, but brought back, with a check for $3,000 it looked as if I earned the $3,000 but I didn't the check was cut from the company for reimbursement for garnishment from the hospital, my insurance was canceled illegally I had a miscarriage hospital sued I filed charges at NLRB on the company.
Andrew Grosjean (author) from Detroit on March 20, 2015:
You have to keep protesting/appealing until you get a hearing. Many of these determinations are made by computer, according to my sources. You need to get in front of a judge to get it all straightened out. You can always give me a call.
Brad Rogoff on March 20, 2015:
My protests have been denied. I made an appeal and requested for a hearing. I will be in contact with you once I get the UIA's response. Thanks
Matt on March 19, 2015:
Hi Andrew, a few months ago I got let go by my employer. I received the letter saying that my employment was terminated due to job performance. In the same week of losing my job, there were other two guys suddenly left their jobs in our six people group. All these caused me think I was laid off, instead of fired. I filed the unemployment benefit for being laid off. Now UIA says I misrepresented. I explained to them, but won't work. They keep saying I had misconduct/misrepresented facts. What should I do next? Thanks.
Brad Rogoff on March 15, 2015:
Logged onto my MiWam profile and filed a protest stating:
"I want to Protest the Determination dated January 28, 2015. I never received any form of contact about this. My first time knowing all this information was March 12, 2015 after getting a notice for collections in the mail.
I will be in contact. Im in southeast Mi area. Thanks again
Andrew Grosjean (author) from Detroit on March 15, 2015:
You need to get a copy of the Jan. determination. Protest it stating that you did not receive it until they started collections. It will be late, but not receiving it is a good reason for being late. Then if they find against you again, appeal again. Get the hearing with the Judge. We can help you get it sorted out. Give us a call
Brad Rogoff on March 15, 2015:
Hello. I recently received a letter from the State of Mi stating that I owe $9000 in unemployment overpayments and penalties. I received payments for the month Sep 2014. I got a new job, notified the UIA, and haven't looked back since. However, unknown to me, my former employer protested my claim in Jan 2015. Jan 27 the UIA made a redetermination and sided with my former employer and I had til Feb 27 to protest. Having received 0 emails, phone calls, letters, the deadline passed and I was penalized 4 times the benefit amount for "intentional misrepresentation".
So from Oct - March 12 I knew none of this was going on...til the State mailed me the bill.
My former employer said I was fired for misconduct. I worked in a warehouse. I didn't clean an aisle at the end of the night before end of shift (Aug 24). I explained to my employer the next day that my coworker who I carpooled with was leaving and it wouldve taken another 20 mins to clean. I didn't receive a writeup til a week later. It put me at the final step for termination. I was sent home and basically waited for a meeting to be setup to return to work. While waiting I filed for unemployment and it was approved by my employer and UiA. I stated my job status as temporary laid off. Goto meeting and wait for answer. By mid-Sep my employer decides to not allow me to return to work.
I reactivate my UiA profile and low and behold there are all of these notices from Jan and March. My employer stated I was fired on Sep 2. However I have paychecks dated to me Sep 18 meaning I was still on their payroll?
Any ideas? The legal advice I've been given is to file Protest forms immediately regardless. They are on there way in mail. I am also currently looking for representation???
Andrew Grosjean (author) from Detroit on March 14, 2015:
A lot of people find themselves in this situation. For unemployment purposes, it is better to let them fire you than to quit, unless the give you the immediate option of "Quit now or be fired." In that case, it is still a firing. But don't quit anticipating it. It makes it harder to get unemployment.
Keep a copy of all the Dr. notes and evidence of prescriptions. Do your best to give the employer the Dr excuses. And try to make sure all your days off are covered. KEEP A COPY OF ALL DR EXCUSES! Then you should be protected if you get denied your unemployment for the separation issue.
Andrew on March 14, 2015:
I have been dealing with a medical condition for almost a year now. I have been diagnosed with generalized anxiety disorder with panic attacks. The panic attacks are very severe. They seem to be brought on by the stress of my job. I have not lost my job yet, but I have exceeded my FMLA and was put on a company medical accommodation but they would not approve me for more than 3 days off per month. I have no control over when I will have an issue that will cause me to exceed my 3 days off per month. I have exceeded it now and I am worried that I will be fired. I am also worried that if I am fired I will be denied my unemployment due to attendance. I have not formally been put on final warning. I was verbally told that I was on final but also my supervisor told me they were waiting for information from HR first. Is there anything I should be aware of now that will help me if I am fired and denied Unemployment insurance?
Andrew Grosjean (author) from Detroit on March 13, 2015:
When you protest, you can add attachments. I do not know if you can do it other than that. Just keep protesting. When you get the hearing, you can give whatever you want to the judge.
Andrew Grosjean (author) from Detroit on March 13, 2015:
I'm sorry, I don't know the MIWAM intricacies. It is a somewhat new system, and we're still learning it as well.
Jackie Karas on February 27, 2015:
Hey. My claim from
Being fired is "pending fact finding". Do I wait for the appeal process to submit proof I was a good employee
Jackie on February 27, 2015:
Hii! If my claim for being fired is still "pending fact finding" can I send in "proof" I was a good employee? Do I have to wait for the appeal process.
Andrew Grosjean (author) from Detroit on February 27, 2015:
You may need to go to a local office to make sure that they received the protest. If you can get online, you should be able to see if it is being processed under the letters section.
andrew on February 10, 2015:
I have had nothing but problems with Michigan UIA. They are saying I worked some place hundreds of miles away from where I live, and have to repay $8,000. This is frustrating. They won't respond to my protest.
Andrew Grosjean (author) from Detroit on January 19, 2015:
The best thing to do is give me a call. I can't give all the advice you might need in a this forum. Just call, and I'll be able to help more than what I have written above.
Eric on January 07, 2015:
November 14th 2014 I received notification from Michigan UIA that I had committed fraud and had several cases against me totaling with penalties and interest 28,000 dollars. I appealed each case telling them that I did not intentionally commit fraud and had been misinformed on reporting procedures when I began collecting unemployment. I have also requested waivers due to financial hardship being I only have a part time seasonal job and have a wife and infant child that I am the sole provider for. I also am court ordered to pay child support every month on two minor children. I have no assets and currently I'm homless. Since then I've received several more cases against me bringing me to a total of 47,000 dollars with penalties and interest. I in no way can afford to pay 47,000 dollars or even the principal of 12,000 dollars with 1% interest every month. My initial appeals have been met with correspondence very similar to the originals I received stating I intentionally committed fraud. Any help in this matter would be greatly appreciated. I look forward to hearing from you thank you.
Andrew Grosjean (author) from Detroit on December 11, 2014:
I never know how long they will take. I think as a standard they say 6 weeks. But I have seen decisions come back quickly, and some take a long time.
Stephanie on December 02, 2014:
I was fired from my job for a misconduct. I had been there almost three years. I filed for UA benefits a month ago and it is pending adjudication. I feel I was wrongly terminated because the duties I performed, I was trained and observed others handling it that way. I am six months pregnant and want to know how long can they hold up a decision?
nick on October 12, 2014:
thanks very good info
Andrew Grosjean (author) from Detroit on September 30, 2014:
I would say that you have a good argument. I suspect that some judges would be favorable. But frankly there are some that are unpredictable. I think you should try for your unemployment. I think you have a good shot.
Judy O'Brien on September 23, 2014:
I quit my job at the school I was teaching at because my employer did not have any money for art supplies. I am a art teacher and before I accepted the position I asked the school if they had a budget for supplies. They assured me they did. On month into the school year I had not received any supplies. Through out the whole school year I ended up buying the supplies. Then they had me teaching math 10 minutes before teaching art to the class because the math scores were down. I am a certified art teacher not math. My job position changed with additional responsibilites to teach another subject I was not qualified to teach. Do I have good cause to get unemployment
Andrew Grosjean (author) from Detroit on September 14, 2014:
Protest, appeal and get a hearing. Then we can do a Consultation and get you ready for the hearing.
Lashay on September 04, 2014:
I was fired from my employer for being an hr late. I have documents leading up to my termination that states I am homeless in which is out of my control. I had a death in my family during the period of determination and my ex employer is staing that I was fired for reasons with in my control I protested got denied now Im appealing and its been 2 months. What should I do?
Teresa on July 23, 2014:
I was fighting for the same thing R Corl Was fired for Low job performance My employer said the exact same words That I received a warning prior to my termination That I have done the job satisfactory in the past
Andrew Grosjean (author) from Detroit on April 06, 2014:
The Agency makes a determination. If you disagree, that is a protest. If they "Re" determine against you, then you appeal it to the judge. The two words mean pretty much the same thing, you disagree. It is just who are you asking to reverse the decision, the UIA or the Judge.
TFAST810 on March 11, 2014:
Long story short, I was terminated back on December 2, a week later i filed a uia claim. I finally started receiving my payments(4 weeks of back-pay) as of January 10 and every 2 weeks since then. Then as of February 5, the uia sent me a letter denying me benefits and claiming i now owe back on the 8 weeks I've collected. Last week I submitted online my protest of their determination with supporting documents (emails, company policy) . So my question(s) are: What is the difference between a protest and appeal? How long does the uia take to respond to protest? Lastly, why would they allow me to collect benefits for 8 weeks then cut me off, I'm financially hurting due to this unforeseen action.
Appreciate all your help!!
R Corl on March 07, 2014:
I was terminated for low job performance as per my supervisor's evaluation. I have been trying to get unemployment and have recently protested a determination that my termination was due to a failure to meet the employer's standard of job performance. The determination says I received warnings of my performance prior to termination, that I had performed the job satisfactorily before, and that therefore my failure to meet such standards was intentional. However, here is the proverbial wrench; in the eight months of my employment, I received no other review to suggest my performance was lacking. I have researched the company policy and found I was supposed to be given a review of my performance every 30 to 45 days. I have asserted that such reviews would need to be presented to validate the claim that my lack of work performance was intentional and with warning. Now obviously I had never been given such reviews, and thus my lack of work was given no prior warning to termination. My question is simply this: Does the burden of proof fall on the company to produce prior reviews of my work? And if so, do I have a good chance of winning? Thanks for any input you can give me.
Kevin on March 06, 2014:
Hi, I filed for a claim over 9 weeks ago. According to my employer they are not protesting my claim. They sent me a copy of the docutment the filed with the MUIA and told me that MUIA told themwould release my funds within 5 days. That was two weeks ago and I still do not have any funds. I have repeatedly called and sent messages via their online notice and continue to get the run around indicating its pending adjudication. I also mentioned in my claim that I recived a two week severence pay which the employer verified. I was told they needed to make sure the severence pay wasn't ongoing. I called this week again as was told that it should have been resolved and my funds should have been released only to know that today I am still waiting and nothing. When I spoke to the person on the phone she inidicated she would forward the claim over to her manager. Yet, I still am not getting anything or hearing back from the MUIA. What elese is there to do, I file my certification as scheduled with the information they requested. any messages I send get a response that my case is pending adjudication and to continue to certify as scheduled no one will answer any quesstions or move my claim forward. I have not been able to find a job and now have lost my car because I had no money to make my car payment. I am about to lose my phone service because I can no longer pay the bill. what if anything can I do?
K Sparky on February 13, 2014:
I filed my protest and apparently I should have completed a student waiver through Michigan Works. My waiver was completed and submitted to unemployment and now I am awaiting a re-determination. The employee at Michigan Works was very helpful and stated I should have no problem being approved. I hope to hear something in approximately two weeks.
Thank you Pastor Andrew!
Andrew Grosjean (author) from Detroit on February 12, 2014:
You have to be available for every day and every hour that that industry works. I would protest until you get the hearing and show the judge that you could prearrange or drop your classes if you were offered a permanent full time job.
K Sparky on February 04, 2014:
Hello, I was laid off and when I applied for unemployment I disclosed that I attend school once a week from 6 pm - 10 pm. I just received a re-determination stating that I am ineligible due to class schedule conflicting with the normal hours of my occupation. I was a project coordinator and my normal hours of work were 8 am - 4 pm. Should I protest?
Andrew Grosjean (author) from Detroit on January 31, 2014:
No, I do not think you are wasting your time. I would just keep moving forward. I never know how long the Agency takes. Just keep going. Give me a call if you have a hearing or need to have a consultation.
cwilliams06-cw from Detroit, Michigan on January 30, 2014:
Thanks. So how long is the process of the ? I just don't understand. Do you think I'm waisting my time with trying to fight it? I have documentation from my neurologist as well as hospital papers on days that I missed. Dealing with this has really put me in the whole, just don't wanna get my hopes up for more failure.
Andrew Grosjean (author) from Detroit on January 26, 2014:
Well, that is not an uncommon thing. All you can do is protest and appeal and get a hearing if they don't reverse before you get to that level. when you get the hearing, the Advocacy Program will provide for you to have a consultation and representation at the hearing.
cwilliams06-cw from Detroit, Michigan on January 25, 2014:
...I was fired from job #2 for attendance. Ounce I applied for unemployment there denial stopped me from receiving my 20 weeks from job #1. I don't understand why though. I did a protest online I'm not sure what to do its stressing me out making my health worse then before please any information could help.
cwilliams06-cw from Detroit, Michigan on January 25, 2014:
Hello I wanted to get your advice and or on my current situation. I was working two jobs, was fired from job #1 because I choose job #2 as my primary due to more hours and pay. I was granted 20 weeks of unemployment from job #1. I've been dealing with epilepsy 4 years now.
Andrew Grosjean (author) from Detroit on January 15, 2014:
You have to participate because if you don't you will have to pay back what you originally got.
Andrew Grosjean (author) from Detroit on January 15, 2014:
In these cases, you want to tell them that you quit to accept another full time permanent job. That will protect your benefits.
Andrew Grosjean (author) from Detroit on January 15, 2014:
I don't know if you are saying that you have the hearing today or if you got notice of it today. I hope you still have it happening. It is very important to participate in any hearing you are notified of, whether phone or in person. If you do not participate, the judge will conclude that you did not think it was important, and you will probably lose. The employer will say anything they want and you won't be there to dispute. You need to participate. Give me a call. If I have the time available, I will help you.
Kevin Johnson on January 13, 2014:
Should I ignore the notice of a phone hearing I got today??
Starting from front to back:
I appealed my case and won. The employer was unable to produce sufficient evidence that I was excessively absent or tardy. Today I received a notice through unemployment that said they would be scheduling a phone hearing. What's peculiar is that I also received a notice today stating that I was electronically sent all the backpay of the benefits that I had been entitled to since 11/9/2013. Yesterday morning I filed my claim and also received a notice today that I'd be getting a payment from that claim filed yesterday. I then received a notice that stated ''UI Allowed" in which this wording appeared: "A previously issued determination ruled the claimant's separation from [the former employer] to be NON-disqualifying." This notice then tells me how much I'm entitled to and how many weeks of it I'm entitled to based off of the employer(s) I worked for during the benefit period. So i'll have the pay I was entitled to as early as Wednesday. This makes me think that I can just ignore the hearing notification.
Jill on January 02, 2014:
I quit a job of 2 years for a job with better pay. Went from making $25 an hour to $52 an hour. I was laid of after 6 weeks around thanksgiving and plan on getting called back in January. They are denying me as I quit a job & I have to file a protest. I just wanted to know how I should word it as I don't want to be denied. Any help would be great. Thank you.
RAy on January 01, 2014:
Hi I placed my two weeks notice in for the job on my last day I received a party from my coworkers an a farewell. Next day I get a call from the employer asking why I wasn't at work I didn't understand what was going on so I stated that I had placed my two weeks in. She stated that she never received it. I stated that i sent an email to the main office downtown . Next then you know they send me a letter two days letter saying that they fired me for attendance issues. I filled for unemployment which they appealed stating that I left for no good reason or something.We had a hearing I gave my side they gave there's and now they want to have another I'm kinda getting over it I mean it's been a whole year an a half is there a way that I can just be done with it or get another referee I don't want the money I just want them to take the fired off of my record
Paige on December 17, 2013:
I was wondering how long after protesting a determination does it take to get a redetermination after they have received my paperwork.
Andrew Grosjean (author) from Detroit on October 30, 2013:
If the employer gave the UIA the wrong info about your wages, protest the Monetary Determination. You can get a hearing on that issue. It would be good to provided some kind of evidence of what you were actually paid, pay stubbs, bank records, etc.
Also, I have been told by numerous clients of mine that they got back pay by going to the "Wage and Hour Division."
DaveHamp on October 17, 2013:
First off let me say think you for the write up and any advice given there after. First let me say i'm very new to this feel a little overwhelmed and a bit scared as that i have payments due and was very out of the blue let go from my job.
I was let go yesterday for no exact one reason the 2 things that stuck in my head were i couldn't keep up with there pace and that we would both be happier with me somewhere else. I have worked for this company for about 6 months full time 40 hours a week. When i checked my UIA mail today it said i was denied cause I never made enough in a base period when i looked it said that the amount reported from my employer says i only got paid once in the time there. So now i am going to fill out a form 1718 i believe but after that i have no idea what to do. I know this company is and can be very shady. Their has been 2 separate occasions where i worked well above 40 hours in one week and was never paid for any hours above 40. When i asked about it they said they could not pay overtime but i wasn't ever compensated at all in even normal pay. I know they are in the middle of a name change on company cause they are letting a building they used to be in go back to the bank and I fear if they do any claim will be irrelevant. I am not looking to get rich by any means I just want to be able to cover my bills and not lose everything til i can find a new job. I dont know how long this process will take or anything. Any advice would be great thank you. Also will they get in trouble for not reporting my wages?
Andrew Grosjean (author) from Detroit on October 10, 2013:
Well, going forward, you need to tell the agency you disagree with anything that they get wrong. If you protest long enough you will get the hearing. In the meantime, keep good records of what happened at the job, which it sounds like you have done. Maybe it won't get to the hearing. If it does, that is when you consult with someone you trust to prepare to present you case.
vron2013 on October 02, 2013:
Dear Sir, I have recently had to resign my position due to many factors and I am anticipating they will deny my claim for unemployment benefits. There were many issues that led up to my resignation, I will try to keep the rundown brief; 1st its an operation of 11 employees, 4 of those being Leads (supervisor types) my husband being one of those leads. We informed our manager July 12 2012 to be forthcoming and honest as well as to ensure our jobs would be protected. Also, with the hopes that he would control the backlashh from our co-workers. In addition, we wanted to affirm that there would be no HR issue. Our manager checked and stated our relationship would not effect our positions. 5 months later is became common knowledge to the rest of our co-workers and our manager told me then that his plan was to inform staff that her recently had just found out. Months later, our manager had stated there were numerous complaints about favoritism as well as calls made to Human Resources. (my husband and I worked opposite shifts) and neitherone of us were ever contacted by HR asking for any statements. I was then promoted in April by management to a lead position, which led to much expected anomisty from co-workers. So much anomisity that it led to confrontation and verbal disrepect. I did inform management and explained how it was becoming intolerable. I received the same response every time from my manager, "I agree the issue need to be addressed and I will address it as soon as possible but I am very busy this week" that or her was going on vacation soon...the last issue which led to my resignation, I emailed and asked another lead why he failed to communicate one important aspect of our operation, i stated the facts, I kept it professional but blunt and the next morning his was response was very personal and one of his statements said "if you and your husband want to attack me get your facts straight". Which at that time I informed my manager and senior manager that I would not be in that day due to my co-wokers response and personal attack by bringing my family life into the issue, he created a hostile work environment an I was fearful of a confrontation. I also included the statement to please contact me that day with my cell number. I received no phone call from either manager nor senior manager. I received an email at 1:30 from manager stating we were unprofessional, counter-productive it was and expressing his disappointment in both of us. I waited until 4:40 that day and attempted to call my senior manager to discuss a resolution but received no call back. I felt I was left no option but to resign at the end of the day due to the lack of repsonse to my fears of being at work. I turned in my resignation letter at 6:30 in the evening and by 7:30 I was denied access to my work email. I have not received any communication since. I filed my unemployemnt claim the same night I resigned but the options were limited for reasons so I had to put that I quit. I did describe in brief the reasons for it. Also, I do have copies of the emails I had sent to my manager and his responses. I feel they did not contact me because they had promoted my husband to a supervisory role just 2 days before. Which they understood would eventually come with issues so much, that they had referenced my position there a situation. I feel they didn't respond to my fears in the hopes that I would resign and make their "quote" situation easier. My question is what should I do going forward, at this point my UIA claim is pending adjudication. I believe my former employer has until Oct 9th to reply.
Andrew Grosjean (author) from Detroit on July 31, 2013:
I would go down to the Conflict resolution office in Detroit and talk to someone face to face. I would say, always make a record of who you spoke to and what they told you to do as well.
Mel Miller on July 31, 2013:
I sent in a redetermination 3 months and 4 days ago, called and spoke 3 times with a rep and each time told that they are sending my file to so and so and I should be getting an answer "any day" well I have 16.2 weeks at $362.00 coming, have re certified for every week and still NOTHING anything else I can or should be doing at this point? Obviously they are not going to send me anything.
Andrew Grosjean (author) from Detroit on June 26, 2013:
This is problem that few people know about. Unfortunately, the reasoning is that the second employer has to be liable for Mi unemployment in order for you to get unemployment based on the leaving to accept theory. The only real option is for you to demonstrate that there was a good reason to quit the first employer and that that problem was attributable to the employer. You have to show that there was something under their control and that you gave reasonable warnings before quitting.
You may be able to show that there was a good reason to leave the first employer, but that sounds like the only real option for you.
James on June 25, 2013:
Pastor Andrew, I was wondering if I could get your advice. I worked for a company in Michigan since 2004. I was in management and was very in tune to the state of the business. The numbers have continuously dropped and they have been in the red the last few years. At that point, I started to look for other options work wise. I got a terrific job offer in my field in California and decided to take the opportunity. 3 months after I took the new job, I got laid off due to a lack of work. I filed my claim in Michigan and was turned down under Mes act sec. 29 (1) (A). The reason I left was because of the threat of my employer in Michigan going under (which they have threatened to do frequently for the last 2 years)..and for a better opportunity for my family...which obviously didn't turn out. Thank you Pastor and God Bless.
Andrew Grosjean (author) from Detroit on May 01, 2013:
If they fired for absences that were outside of your control, you should ultimately be protected, especially if they knew about the situation before they hired you. You should still have someone there with you just to make sure your evidence gets out to the ALJ in the right way.
Mello on April 29, 2013:
I was fired due to being unable to work 40 hours per week. Before I started working for my employer I told them about the lawsuits my family was involved in and that I would need days off they agreed to work with me. But after 8 months they let me go for being unable to work 40 hours. I have the proofs showing I was off for court, doctors appt, etc.
mario1214 on December 11, 2012:
Thank you Sir.
Andrew Grosjean (author) from Detroit on December 10, 2012:
It usually takes about two weeks. No, if they protest, it does not interfere with the benefits, unless the Appellate Commission reverses the ALJ. That will interfere.
mario1214 on December 10, 2012:
I was placed on unpaid medical leave 2 weeks after returning to work from worker's compensation due to a knee injury. I applied for short-term disability and was denied. I was then terminated 3 months later at the end of my leave because my condition have not yet improved. I applied for unemployment benefits and was denied (they claimed that I didn't not take the employers best interest into consideration) I protested the decision, they denied it as well as modified the reason to " I voluntarily quit!" I appealed the re-determination and had a hearing with an ALJ, myself , my former employer , and their advocate. I represented myself (not recommended, but i did not have enough time to request one) I did the best I could answering questions and their advocate was really,really rude! To make a long story short, 4 days later i received the judge's decision and he ruled in my favor. My claim goes back 5 months. Does anyone know how long it takes to receive those benefits, is it paid in increments, and if the employer appeals it; will it intefere with me receiving those benefits?
Andrew Grosjean (author) from Detroit on November 04, 2012:
This happens to a lot of people. I see it all the time. Most of the time people with this issue can win before the judge as long as they show they were doing their part to keep in contact with the employer. Just protest and then you get a hearing.
Andrew Grosjean (author) from Detroit on November 04, 2012:
Go ahead and appeal and then you get the hearing with the judge. Hopefully, the judge will see reason.
Andrew Grosjean (author) from Detroit on November 04, 2012:
When they fire you for ongoing actions, the main question should be did they give you any warnings prior to termination. If they did not, then misconduct is harder to prove on their part.
kat5874 on October 29, 2012:
I was currently on a disability for pregnancy related issues. I went out on Disability on 12/01/2012. I exhausted my 12 weeks of FMLA, at that time in March my position was given away. I finally had my baby on 06/13/2012. I was then place on a long term disability until 08/09/12. At that time I was able to return to work. I called the company I work for and was told that I had until 12/01/2012 to fiind a position with in the company. Needless to say, I still have not found a position. I did file for unemployment due to not having a position with in the company, lack of work. I was denied to them stating that I had quit or did not request for an extension of leave. First I did not quit, and second there was no need for an extension since I was able to go back to work, but did not have a position to go back to. I have since filed my appeal and was told that it was resolved and that I will receive something in 3-5 days. I have a feeling I lost my protest since there was no money in my account today, 10/29/2012. I found out the above info on 10/25/2012. I am waiting for that letter. If I lost I will appeal. My question is how can they say I quit when I didn't? I have talked to HR and was told that I am still an employee with no job position and unfortunately right now there are not any positions that I qualify for. I was also told to apply for jobs and hopefully get a hit. They will not find the job for me I have to do this myself. I have screen shots of the employee portal showing with date and time showing that I am still an employee, and that they are still paying for my benefits and all.
Latrina on October 26, 2012:
I was fired because someone at my job said I left without clocking out and returning and not letting a supervisor know. I never left but the two girls whom 1 got wrote up a few months prior because of me and the other whom got mad because she wanted to leave early that day and I refused to do her job and mine too got together and decided to get even with me. I really think I got fired because I called the GM's boss the day before and complained about things that were going on there. Now Unemployment says I disqualify for benefits because they find my actions intentional. I am writing my appeal today which I got my notice three days ago saying I was denied. I have no witnesses as to what I did that morning because the only people in the building at that time is the two who claimed I left and myself, no other employees are there until 8 am which is the front desk person and supervisors don't get in until 9am or later.
clee1961 on October 07, 2012:
Hi, I've found great advice here. I'm planning to appeal my determination. I was fired from a restaurant after seven years
of employment. The reason they gave was I repeatedly commited health code violations and that I was warned. The only thing I can
think of is I would forget to put on latex gloves now and then. Before
But that would happen to a few people a week. There was no policy
posted as to what would happen if you forgot to ware gloves.
But my main question is this. They allowed the cooks to drink beer
while they worked. Health code violations of open beverages in work area not to mention illeagal. Do they have a case agiants me while they
condoned this type of activity? Thank you so much
Andrew Grosjean (author) from Detroit on October 05, 2012:
Remember, if you go to your account online, you can send an email question to the UIA. Some people have said they get answers more quickly. But your situation is one that I see semi-regularly. I had a case this week where person was fired because Dr took him off work. We got a good result for him. You can always call if you have more questions.
Sarah on September 29, 2012:
I was on Short Term Disability while admitted to inpatient treatment and after leaving treatment I was to return to work the next day, but didn't feel I was ready due to my illness. I contacted my employer to & informed I needed to extend my leave. I was instructed as to who I needed to contact with HR. (This was all happening just before July 4th) Needless to say between contact with my HR, getting into the doctor to have my extension completed was going to take few extra days. I made a point to cover the length of time needed with the HR, asking if there was a specific deadline I had to submit the paperwork. I was told it would only affect my STD payments for the time being, nothing more. Two days after the holiday & two days before my appointment I receive a letter in the mail from my employer informing me I no longer have a job with the company.... I filed with UIA, I was told I had 20 weeks of benefits, went through all the proper steps just as I was instructed. Then UIA send me a letter stating, " I am considered to have quit my job when failing to return to work after exhausting STD"... "Failed to return necessary medical update doc to establish I attempted to maintain employment relationship after leave expired"..." Its found I voluntarily quit my job w/o good cause attributable to the employer"... "your are disqualified" ... Okay? So I sent in my protest explaining all of this, sending in all medical documents, letters from employer, as well as a denial for my FMLA I received from my employer stating that my condition was not a medical illness. So my question is.... (sorry) It has been almost two weeks since I sent in my protest, I sent in a request for an update on my case online three days ago and have not got a response and spent what felt like forever trying to get through to them by phone on Friday. I am 24 & have never received UIA benefits in the past, but felt I had a good enough understanding on what my next move needed to be every time a new road block appeared and now I just am completely lost!
Andrew Grosjean (author) from Detroit on August 09, 2012:
Keep protesting and then you will get a hearing. Just give me a call if you have any questions
Deemac on August 08, 2012:
I was terminated from my job because I lost my badge and my grandmother passed they marked me absent for bOth even though I cleared it with all the appropriate managers being on probation I got terminated. Unemployment denied me my benefits and I am protesting I was wrongfully fired will I get the redetermination in my favor I am having a daughter in 2 weeks and don't have any money because of my termination I don't know what to do please help
Andrew Grosjean (author) from Detroit on June 19, 2012:
I do not know if there is any kind of stats that are kept on this. I have been unable to find them if they are there. They do sometimes. I would guess maybe 5% of the time.
Andrew Grosjean (author) from Detroit on June 19, 2012:
I am sorry to hear about your troubles with health. I will pray for you.
On unemployment, if your doctor advised you to resign, this is an involuntary leaving. If your work somehow caused the problems, you should be protected.
On the other hand, if you resigned because they mistreated you, then you will be protected if you can show it was their fault, you warned them etc.
Tonya on June 08, 2012:
How often do you think that the Appellate court reverses the decision of a referee's decision in regards to quiting a job?
No Name on June 03, 2012:
I resigned from my job as I was diagnosed with breast cancer,upon my return they demoted me and cut my pay. I had no restrictions except not to lift over 10 pds. I was a project coordinator. I am fighting to get unemployment due to the fact they violated the ADA. The EEOC has accepted my charge. I have provided UIA with everything they need. Emails, pay stubs showing the decrease, medical records, doctors letters, formal EEOC charge with the charge number on it and name of agent. I hope they realize like the EEOC did they really screwed me over. As the EEOC has the same paperwork as UIA.. I was only gone for 6 weeks. Waiting on the re-determination.
Andrew Grosjean (author) from Detroit on May 10, 2012:
Sorry, that is beyond my area of expertise. I do not have any dealings with Circuit Court.
Martha on May 03, 2012:
I need to submit a Petition for Review to the Circuit Court requesting that they overturn the Board's decision. I know they are the Michigan Compensation Appellate Commission now but when I call them that no one knows what I am talking about. I have found a lot of documentation on petitioning to the Court of Appeals but not much for petitioning to the Circuit Court.
Andrew Grosjean (author) from Detroit on May 02, 2012:
Are you asking for an example of protesting the decision of the Board or protesting to the Board? Of course, they have changed the name to Appellate Commission recently.
Martha on April 30, 2012:
Do you know of any examples of a Petition for Review to petition a decision of the MESC Board of Review's decision in Michigan? I have read through the MCR rules that apply and it would be extremely helpful to see an example to make sure I am doing it correctly.
Anonymous on April 12, 2012:
Hello, I was fired from my job for missing a shift due to my calendar error. My employer flat out lied to the UIA and told them that I quit because I was not happy with my hours. I have protested this and am waiting on a decision. I just wanted to know if you think I will get my unemployment since they lied. I have submitted a contact (manager that told me I was fired). Thanks.
Joshua on April 11, 2012:
I was hurt on the job and had to take six week off because of it. I returned to work for full duty and they increased my work load double what it was when i first got hurt. So instead of picking up 400 stops i am doing 800. My injury and body cant take that punishment so i quit. Do i have a chance to get unemployment?
Angalena on April 09, 2012:
I am currently employed but my employer has as taken away our health benefits, and now we are not able to use the time we have established for vacation or sick days. The company has already laid off multiple employees and with the way things are going I don't see the Company lasting much longer. Would there be a way that I could quit and get unemployment?? I live in Michigan and intend to look for a new job but that is a difficult thing to do right now.
Chantel on April 05, 2012:
I got all my unemployment and now work 5 jobs. The state sent me a letter stating I was going to school while I was collecting and that I refused to quit for a full time job and now want me to pay $9205 in money they gave me and $36170 in penalties. I sent in for a redetermination and it was denied so I now have to send for an appeal. It says I can't get and appeal lawyer from the state until I have received my hearing notice. Should I contact an attorney prior to sending in my appeal?
Nicole on March 31, 2012:
I quit my job of three years about a month ago. I have a hearing scheduled in four days (Protest by-passed redetermination & sent directly to hearing, is that normal?). UIA determination stated that I voluntarily left work without good cause attributable to the employer. After working six out of the last twelve months in overtime (which I repeatedly told two managers was not feasible), through my daughter's numerous asthma attacks & broken leg (I could not take time off because of understaffing & a lack of employees that were qualified to fill in for me), through a stomach flu that I reported to them (or be documented for failure to have my shift covered)even though working would violate OSHA health laws, a manager who would clock me in and out at his discretion (I would continuing working & not even know I was clocked out!), and taking inventory that was not in my job description (was asked to "estimate" counts because whoever was supposed to do it, didn't) I decided to leave. The determination said I quit due to dissatisfaction with the job, and did not give the employer the opportunity to resolve the problem. I made my complaints known to the two managers incharge of my departments, at least three knew I had the stomach flu and didn't send me home and they all but told me I would be fired if I took time off because there was no one to cover my shifts in cases of illness or emergrnecy. Any thoughts? Anything would be helpful? I just don't know where to start?