Preparing for an Unemployment Hearing or Telephone Conference

Updated on August 17, 2016
PastorAndrew profile image

Andrew Grosjean is an attorney (CA). He lives in Michigan and has worked extensively with Michigan Unemployment Hearings. 313 729 9794

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How to Prepare for an Unemployment Hearing

Today, most Unemployment hearings are done by phone. Many call in or go in person to a hearing with no idea of what to expect. There are even very skilled attorneys that are ill prepared for them because they have not experience in these special types of proceedings. Because most of these hearings are now being done by phone, many people think that it is "no big deal." "It's just a telephone call right?" That is incorrect. These telephone hearings are very important. They will determine whether you get or have to pay back your benefits.

This article will discuss the general process of the hearing, the order of events. It will also tell you the basic things that every employer and ever claimant should bring to one of these hearings.

Hopefully, with these things in mind, you will feel and be more prepared for what is about to happen. If you are more prepared, then you will be more able to give your side of the story. This will help the Administrative Law Judge (ALJ) make a better decision. When everyone is properly prepared, it makes it easier for everyone.

Do you find the Unemployment decisions hard to understand?

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What will happen at my Hearing?

Of course, every hearing is different. Still, there is a certain framework that most Unemployment hearings follow.

The hearing usually proceeds with the following divisions.

  • Introduction of the record by the Administrative Law Judge (ALJ).

The ALJ discusses everything that happened before to bring the case to him. He goes over the decisions of the UIA and the protests that were made to those decisions.

  • Opening statements (optional) and preliminary matters.

This is when both parties can discuss any concerns that they have. Examples are: there is an error in the records of the Determinations. If there is a party that should be there and is not. Open statement is seldom used in my experience. It is usually only done if someone thinks that the evidence will be confusing and needs clarification of where the evidence will lead. Also, one side may ask for sequestration. That is a big word that means the ALJ will ask one of the witnesses to leave so that he does not hear what the other witness has to say. This only happens when one side has more than one witness that will be testifying about the same set of facts.

  • Direct testimony and cross examination of the first party. Depending on what the issue is, it could be the Employer or the Claimant that goes first.

This is where the first party gives their side of the story. Then who ever went first, the other side has the chance to ask any questions about what was just testified. Be aware that the Employer can call the Claimant as its first witness.

  • The other party that did not yet testify goes next with cross examination.
  • There may be rebuttal testimony by the party that testified first.

Rebuttal testimony is when the first party that has already testified, hears the testimony of the other side. Then they recall their witness to disagree with what the other side said. Example: Claimant testifies they quit because of sexual harassment. Then the Employer gets to give its side of the story. Rebuttal is when the Claimant testifies again to clarify the statements of the Employer.

  • Then there may be argument by either side. Certain ALJ’s allow this and others do not.

Argument is when the either side takes the facts that have been presented and uses them to persuade the ALJ to find in their favor. Some ALJ's do not allow arguments. Some ALJ's allow but do not really like them most of the time. Usually, Arguments should be waived unless you do believe you need the clarification.

In general, that is how the hearings go. There are variations on this depending who the ALJ is and how he likes to run their hearings. Some ALJ’s like to ask many or even most of the questions themselves; but in general, the above order is how these hearings go.

What is the Claimant usually asked?

 

The following are the usual questions that every Claimant is asked:

  1. Please State your full name for the record.
  2. Were you employed by ________________?
  3. When did you start working there?
  4. What was the last day you actually worked?
  5. What was the date of your separation, (the date that you knew you no longer had a job).
  6. What was the status of your job between the last day of work and the date of separation? (Suspension, personal or medical leave of absence, etc.)
  7. What was your job title at the time of termination? (Hours, full time/part time, permanent/temporary, regular or shifting schedule, rate of pay)
  8. Were you fired, laid off, or did you resign?
  9. Who told you that you were fired/Who did you tell you were resigning?
  10. What was their position with the company?
  11. What was the reason given?
  12. What was the response?

Not every hearing starts that way for the Claimant, but most do. After question 12, the rest of the direct examination all depends on what actually happened. After that, the questions are different for everyone.

Source

Is it best for Employers to have an open discussion with an employee about why they were fired in high stress situation?

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What is the Employer usually asked?

The following are the usual questions that every Employer is asked:

  1. Please state your name for the record.
  2. Are you employed by _________________
  3. What is your position? (Or what was your position at the time?)
  4. How long have you held that position?
  5. Do you know the Claimant in this case as a former employee of _________?
  6. Do you have with you records involving the Claimant’s employment?
  7. Are these records kept in the ordinary course of business?
  8. Were these records entered into the file at or around the time the events took place?
  9. Are these records the kind of records that the Employer regularly keeps in the course of business?
  10. Do you have authority to deal with these records should you need to?
  11. Do your records indicate the Claimant’s first day of work?
  12. What was the last date of actual work?
  13. What was the date of separation?
  14. What was the status of your job between the last day of work and the date of separation? (Suspension, personal or medical leave of absence, etc.)
  15. What was the Claimant's job title at the time of termination? (Hours, full time/part time, permanent/temporary, regular or shifting schedule, rate of pay)
  16. Was the Claimant fired, laid off, or did he resign?
  17. Who made the decision to terminate the employment?
  18. Who told him that he was fired? (Or: Who did he tell he was resigning?)
  19. What was their position with the company?
  20. What was the reason given for the separation?
  21. What was the response?

Of course, this is only the beginning of the testimony. It continues from there and goes into all the specifics.

Should an employee always protest a discipline/firing that he recieves?

See results
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What do you need at the hearing

The first question you need to answer is, "What is the issue involved at the hearing?" It is really easy to get lost in the Unemployment Insurance Agency (UIA) paperwork. I have seen employers that came to a hearing ready prove that they fired the Claimant for a great reason. But because they did not realize that the issue was whether the Claimant was able to work, they were completely unprepared.

How do you find the issue that is involved? The key is the Notice of Hearing. About two/thirds of the way down the page, there is a section that says, "Issues Involved." The top issue is the most important. Most often, it will say "29(1)b: Claimant is disqualified for discharge for misconduct connected with work," or "29(1)a: Claimant is disqualified for voluntary leaving without good cause attributable to the employer."

What ever the top issue listed is, that is where you need to start.

What should the Employer bring to a Hearing?


The employer is usually in the business of keeping records regarding employees. So, it is expected that you will have the employee file at the hearing.

  • You need to bring the Employee file. Specifically, you need to bring all discipline, any medical documents, and supporting documents for such discipline/medical documents. It may not be admissible, but you should have it.
  • You should have two copies (one for the Claimant and one for the ALJ) of any documents that you intend to admit into the record.
  • You need to send someone who is authorized to use the file.
  • You need to send any witnesses to the wrong doing. The written statements will not prove what happened.
  • You need someone there that was part of the decision process who can tell why the Claimant was fired.
  • You should have the person there that told the Claimant he was fired or that received the resignation if possible.

For the best possible result, you should produce each of these. You may not have them all, or you may not be able to produce the witnesses. One person may be able to testify about everything above.  But if there are different people that know about each of the things above, you should produce them all if possible. You never know that the one person or record that you do not bring may make the difference between prevailing or not.

If the issue is Voluntary Leaving. . .

It is better for the Employer if the top issue listed is Voluntary Leaving. This is because, if the Claimant left his job when he could have continued working, he has to prove that he had a good enough reason to leave. He has to prove usually:
• The reason he left was because of a problem either caused by the Employer or under the Employer’s control.
• He complained about the problem to the employer.
• He gave the Employer a chance to fix it.
• Nothing was done by the Employer to fix it causing the Claimant to leave.

Now, this is better for the Employer because it puts the burden on the Claimant to show these things. Whereas, if the issue is Misconduct (firing) the Employer has to prove something before the Claimant will be disqualified.

What should the Employer bring to a Voluntary Leaving Hearing?
• The personnel file.
• A person who has authority to use that file (usually Human Resource or Supervisor)
• A resignation letter if there is one.
• You should have two copies (one for the Claimant and one for the ALJ) of any documents that you intend to admit into the record.
• The person who received the notice of resignation. This may not always be necessary, but often there is a difference in story between what the employee and what the manager said.
• Any evidence (either witness or documents) that tend to show that the Employer tried to address the problem that the Claimant had with the Employer.

Often the entire question is whether the Claimant quit or if the Employer fired him. You as the employer say, “He walked out and quit.” And the Claimant says, “No, my other supervisor said I was fired and told me to go home.”
Because this type of situation happens so often, the ALJ will have the authority to hear the evidence on both sides of it. He will decide whether the Claimant quit or did you fire him.

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What if the Claimant is Fired?

The Employer has the burden in this situation. If the Employer wants to prevail, they need to show one of two things:
• Either the Claimant purposely did something against the best interest of the employer (Misconduct).
• Or that the Claimant acted carelessly or recklessly in a way that harmed the employer’s interest, and that no reasonable person could have made this kind of mistake (Wanton Negligence).

In the first issue, you (the Employer) have to show that the Claimant knew or should have known that it was wrong to do something that he did. It is not enough that he made a mistake that a reasonable person might have made. It has to be something he knew or should have known was wrong.


Obviously, if a Claimant steals, he knew or should have known that he would be fired for it. If he commits a crime, if he breaks a known rule, if he directly disobeys an instruction of a supervisor. . . These are some examples of traditional misconduct.


The second issue is called, “Wanton Negligence.” This is when the person does not intentionally do something wrong, but does do something he should not have. It has to be more than a mistake. He had to know that the Employer had a right to expect him to be careful. Any reasonable person would not have done this.


An example of Wanton Negligence is when a person knew something might happen to hurt the Employer’s interest, but did not care. The Employer has a right to expect the Claimant to exercise due diligence. But the Claimant does not act as a reasonable person would.

What should we bring to a Misconduct Hearing?
• You need to bring the Employee file. Specifically, you need to bring all discipline, any medical documents, and supporting documents for such discipline/medical documents. It may not all be admissible, but you should have it.
• You should have two copies (one for the Claimant and one for the ALJ) of any documents that you intend to admit into the record.
• You need someone there that was part of the decision process who can tell why the Claimant was fired.
• You need to send someone who is authorized to use the file.
• You need to send any witnesses to the wrong doing. Written statements (even if they are discipline) will not necessarily prove what happened.
• If possible, you should have the person there that told the Claimant he was fired.

Many Employers send an HR person to the hearing with the file and that is it. This may have all the discipline that was involved. While the discipline will be admitted as a business record, those documents do not necessarily prove that the Claimant did what the Employer claims he did.


To fix this problem, the Employer needs to make sure that it sends the people who actually witnessed what the Claimant did wrong. If what the Claimant did wrong was on a document, bring the document. If there is a video/audio recording of the Claimant doing something wrong, bring the recording. It may not be enough to just bring the person who says that they saw/heard the recording. It is always best to bring the actual recording. Be aware that if you bring that recording, you need to be able to play it using your own equipment at the hearing. And you should be able to give a copy of the recording to the ALJ.


I have seen Employers lose that should have won the case because they did not bring the discipline that they say was issued. Other Employers have lost just because there was no one there that made the decision to fire. Many employers lose just because they do not bring the people that saw the misconduct. Others have lost because they brought signed statements about what the Claimant did. Without a witness that can be cross examined by the Claimant Advocate, it is not enough. These things are a must to protect the Employer’s interest fully.

Disclaimer.

This is an article with helpful tips for those that are facing unemployment issues in the state of Michigan. It is simply the personal opinion of myself 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.

The opinions expressed here are that of the author. They are not authorized by or necessarily representative of the UIA, the Advocacy Program, or anyone else.

If you have any specific Unemployment questions in Michigan, feel free to call Andrew. Any correspondence with the author does not constitute legal representation or an attorney/client relationship.

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    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      5 weeks ago from Detroit

      The hearing is the stage where it is the "easiest" to win. By "easy" I mean you are actually talking to a real person. You can send them and direct them to the documents that demonstrate your story. That is where you need to invest the most time in preparation. It is harder after that to win. So, if you get a hearing, find an advocate to help. My wife or I may be able to help. 313 729 9798

    • profile image

      Hollie 

      5 weeks ago

      my employer let me go and said I quit because I had taken weekends off due to my daughter unstable behavior she attempted suicide and noticed my employer even attempted to modify my schedule she is mis representing and making it appear as if I was unreliable. I have uploaded all my documents and don't understand why I was even denied in the first place.

    • profile image

      Maxima2002 

      2 months ago

      I was recently terminated from my job accusing me of job abandonment I live in Houston Texas . Which I did contact my employer thevnught before but during the interview my response was I contacted the manager 30 mins after my shift began. I applied for unemployment but was denied during the interview I was not prepared and very nervous I was just unable to focus and understand correctly each question . Now I'm not sure which route to take I'm sure me stating that I misunderstood the questions will not look good or help my case

      Please help !

    • profile image

      holly 

      3 months ago

      hello,

      I was fired from my job on 4/13/18 on a incident which happen on

      11-27-17 when a former co worker asked me to look up her office notes or procedure notes she gave me verbal consent and spelling of her name and dob to access her chart for some procedure or office note. then i was question on 4/9/18 in regards to this and i informed the i did if fact had consent to access her chart she asked me , she did not like she even admitted it to one of the former co worker that i was going to get fired and she was going to get the last laugh and stated we were all jealous of her and she did not like any body there. she filed the complaint after i applied for her job on 3/14/18 report filed 3/16/18.

    • profile image

      Robin Anderson 

      5 months ago

      They told the judge that The last physical day that I worked was May 12 th, and the last time they heard from me, was on May 17th, and that I had quit & spoke to a certain person, and I, did not speak to that person.and my phone records show other wise on some of things that my employer had stated and that my witness was sworn in, but could not speak, she was told to be quiet & that she can talk when asked too, the judge never got back to her, I did work the day that they said, that I, didn't & got a copy of my time card's and my name was forged, and you can see the white out where date's, time, and am to pm we're altered.

    • profile image

      Ingrid 

      7 months ago

      I’m trying to file a hearing. My employer said I refused a job. What they didn’t say was they offered me a 3 hour case for 1 day & the coordinator never called me back. I work as a HOME HEALTH AIDE. Work is not available a lot of times. They must have made it seem like they offered me a full time case but it was for only 1 day. How can I get my unemployment benefits restored? What do I need at the hearing. Everything is done by phone for this job.

    • profile image

      evelina 

      8 months ago

      I notified my employer that I will not be able to come to work the next day due to personal reasons. The office supervisor send me a message in return that if I don't show up at work the next day I will no longer have my job. I couldn't go to work the next day, so they told me that I quit the job. I've worked in the same places for over 12 years, never been unemployed. I have a phone interview next week. What do I need to do, do I need a lawyer. Live in NJ.

    • profile image

      Adela Fuster 

      9 months ago

      I got a hearing this week. they fired me with no reason. I went to collect for the first time; the unemployment office told me that my employer gave me a misconduct.

      How I can prepare myself. My manager was very upset because i called human resources. she came to my office and told me that next time i better have good facts on her because she had a lot of good facts on me. After 2 days she came with a written warning. I did not agree and decided it not to sing the write up. Nobody of my co-workers want to speak up because they are afraid to lose there jobs.

      Any suggestions would be appreciated.

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      Angelique 

      11 months ago

      Good Afternoon Sir, How can i file an appeal if i missed a telephone interview for unemployment benefits and got everything mixed up. I thought I was scheduled for an in-person interview, and sent the appeal letter stating that, and was denied a second time around. I can appeal at the highest court, but how should I explain again?

      Thank you,

      Angelique

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      Samantha 

      13 months ago

      I'm in Alabama and was recently fired for leaving work at my scheduled time off because no one was there to relieve me. The paperwork says misconduct. Wouldnt that be the general managers place? I have an appeal tomorrow morning

    • profile image

      Stacy Boyer 

      13 months ago

      Getting ready for my hearing next Friday this was so helpful thank you so much

    • profile image

      Antwoine 

      13 months ago

      Are you denied unemployment cause you forgot or didn't know you had to register your number for a conference call with the administrative judge?

    • profile image

      Elizabeth 

      13 months ago

      I was wrongfully terminated from my job for what I feel was retaliation for being a witness for ex coworkers unemployment.

      Why do I feel this way? I was approached by two supervisors and advised by both that the company frowns upon testifying against them and it' looks very bad for me one supervisor even advised me not to answer my phone. (In Missouri) this is a protected act and against the law to approach or threaten me....low and behold 3 weeks later I was fired. So my question is should I bring this up during my hearing of should I just defend the policy for which I was fired? I do want to mention I was with this company 21/2 years I was in the top ten agents for 13 months consecutively and atleast 5 of the months I was#1 agent so I knew the policies and was an excellent employee. Any advise would be greatly appreciated!

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      Jenn from MA 

      16 months ago

      Hi Andrew,

      I'm going to bet you have never had a case like this before. I am representing the business, I am the manager. Last year I hired an employee that left his current position to join us. Unfortunately I had to fire him after 2 weeks of employment, we have a 90 day trial period. I did not ask in the interview if he was ever convicted of a crime. Due to some suspicious behavior an employee did a simple google search and found he was arrested multiple times for drug distribution of heroin and cocaine and was the subject of a stakeout. When I confronted him with the articles, he didn't deny them but told me the cases would be thrown out and he would not face conviction due to the following: The town we live in is going through a police scandal revolving around the evidence room, the officer in charge of that room actually committed suicide. Now, all cases (his included) are deemed tainted. We denied him unemployment benefits which he appealed and won. I am now appealing the decision. Our workplace is an Animal Hospital where we have Controlled Drugs, syringes etc... I cannot believe he actually got approved in the first place, how can I get the message across that he was a liability to keep him in our employ? In addition to being in the trial period, he also signed an employee at will statement. I am baffled at their decision and want to know how to state my case in the best way to deny benefits to an alleged drug dealer.

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      17 months ago from Detroit

      If you protest/appeal and get a hearing, you should be able to get this reversed by a Judge. Give me a call if you have any questions: 313 729 9794.

    • profile image

      Mika 

      17 months ago

      I was fired Nov 2nd 2016 without any write ups or warnings, was at the job for 3years the warning they stated they gave me was in June of 2015 not even regarding absences it was a warning regarding me damaging a vehicle and not reporting it, that's the impression I was under. Didn't know that warning had anything to do with absences. I missed 3 days in the month of Oct and was late twice in Oct I brought in excuses for all of my absences. My two times being late I called in to let my supervisor know I was running late, which he was ok with. They denied my unemployment for "misconduct" how does my case consist of misconduct???? If I brought in excuses for my absences. I was also lied on multiple times, causing unemployment to denie me. It was my word against my supervisors word. My supervisor lied on me and said I never brought in any excuses for my absences. I was still on a 4year probation, but I still feel like I was wrongfully fired.

    • profile image

      alice 

      17 months ago

      hi i was fired after refusing to sign 2 write ups the same day. I was also told that if i didnt sign i would be written up for something else. my unemployment was approved but the owner is appealing and we have a hearing next week. would it help to have a witness or go at it alone?

    • profile image

      John 

      20 months ago

      Andrew, I quit my job to try and start a business in the same field, I liked the company, but not my division leader. As a Christian I was exposed to daily foul language and emails from my supervisors to coworkers. He was married to a another man and made me sit apart from the rest of my workers so I would not get offended by the. I was isolated and made to try leads that even my supervisor could not work. I was berated by the supervisor verbally in front of a division of 100 people, I believe due to our differences in faith and ethics. I am a Christian athlete speaker and bold in my faith externally, so I resigned to not cause a problem, but I need to go this route since my claim was denied. My hearing is on January 27th, any suggestions for a brother.

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      20 months ago from Detroit

      I have not done any unemployment in CA, only MI. IN Michigan though, you would have to show that the doctor advised you to quit. Or you have to show that the employer was so unreasonable that it would cause a reasonable person to resign.

    • profile image

      Karen 

      20 months ago

      Hi Andrew.... I am in CA and have a UI hearing in a few days.

      I was with the company for 8 years and they had just recently merged with another company and several employees quit which more than doubled the workload and after I had made several attempts reaching out to my employer about replacing the lost employees due to the work overload, they refused to hire anyone. I was working 15-18 hour days for 2 months and then experienced some chest pains which resulted in a trip to the ER and the dr. excused me from work for a week due to stress and then a visit to my primary dr. took me off work for another 2 weeks. In the time off, I continued to ask for more help at work and nothing was going to be done.

      The day before I was to return to work after my excused absence, I resigned due to the fact that after repeated attempts to reduce the workload (that they were fully aware was too much), there was not going to be any change.

      I feel that I had good cause to resign. Your thoughts please?

    • profile image

      Krysthomp 

      20 months ago

      I was fired for giving authorization to contact the authorities...the individual that was arrested filed a lawsuit and I was fired after the investigation was completed...my hearing is in two weeks.

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      23 months ago from Detroit

      If the Employer does not show up, if it is their appeal, the Judge will dismiss the case. If it is the Claimant's appealed, they will still have to testify but it will be easier because the Employer will not be there to disagree.

    • profile image

      23 months ago

      What happens if the employer don't show up to the appeal?

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      23 months ago from Detroit

      Sure. Just give me a call at 313 729 9794. Andrew

    • profile image

      Kandace 

      23 months ago

      Hello, I have a hearing coming up in about a week or so, I don't know anything about this stuff. Could someone help me as well please.

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      24 months ago from Detroit

      Go ahead and give me a call at 313 729 9794. I can help you with this.

    • profile image

      confused 

      24 months ago

      I worked for my company a year they laid me off with no warning they just stopped giving me a schedule finally i requested a lay off letter if there were no hours they gave it to me and now are fighting me saying i was independant but they paid me by check and took taxes im so confused i worked in the office and at home i have a hearing in a few days and cant afford a lawyer

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      2 years ago from Detroit

      If you are dealing with the Florida unemployment system, I do not know anything about it. But in MI, I would have to say it depends on the Judge you get, and all the details. Did a supervisor ever talk to you about doing it? Did you ever ask a supervisor about it? Did a supervisor ever indicate that he knew people were doing it and it was ok?

    • profile image

      nikki 

      2 years ago

      hello, I was fired from my job for not clocking in/out while inside the building from our mobile app. I was there for over a year and have always clocked in and out from the parking lot or while stuck in traffic. I was never told verbally or written that I was NOT supoose too. I have always done it from day 1 and so have other employees. I was fired one morning when I walked in with no notice. do you think I have a chance of winning my case. I am in florida.

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      2 years ago from Detroit

      If you think that you deserve your unemployment, definitely appeal/protest. When you get a Hearing, the Advocacy will pay for you to have a consultation and representation at the hearing in most cases.

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      2 years ago from Detroit

      Yes. You should protest. I had that very situation with one of my clients before. She had a good reason for being late. She was able to get it all worked out.

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      Tiffany 

      2 years ago

      I was disqualified from receiving my unemployment benefits due to misconduct at work. How long do a disqualification last and do I need to appeal it?

    • profile image

      Less35 

      2 years ago

      Should i appeal my unemployment due to a domestic violence issue I received a disqualification after being away in hiding and myself being unstable over payment paid in full but I received a penalty in i feel if I be honest I may be able to receive my income....

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      2 years ago from Detroit

      Absolutely there is hope for you. This is a Resignation in Lieu of Termination. She fired you even though she allowed you to resign because she made the choice to end you job. I would protest/appeal until you get a hearing. I can definitely help you with this. Give me a call.

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      stacey 

      2 years ago

      I went to talk to my manager about some issues i was having with a co-worker she said good she needed to talk to me first, she allowed me to go first, i told her i didn't like how things were going, they weren't working out for me, the issues i was having, that i really enjoyed my job, i wasn't planning to quit just to get help with issues, she stated that she had some complaints about me and that she needed to also talk to me, she was planning on letting me go, however since i came to her 1st she would say that i quit, it would look better on me. Now i was denied unemployment and she is saying that i quit, is there any hope for my appeal? In virginia

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      2 years ago from Detroit

      I don't know the law in Michigan on recording people. But if the Agency makes a decision against you, protest it on time. Then appeal the Re-determination, then you will have a hearing. If you were not able to meet the expectations of the employer, you deserve your unemployment.

    • profile image

      MissChris 

      2 years ago

      I gave up a job of 7 years for a new job that I was very excited about. I worked at this new job for 5 weeks and was fired. The employer's reasons given were, she was paying me a high wage and I was not producing up to her expectations. She also said she heard that I was unhappy and frustrated with my job. The employer never conducted a progress meeting with me, issued any type of discipline or write up. At the time of my dismissal she said she was sorry it didn't work out and that she would not fight my unemployment claim. She said this with tears in her eyes and gave me a hug. I received a letter from the EDD which denied me benefits based on 'disparaging remarks about your employer'. At no time did we have any arguments or negative exchange of words. I can't think of what she is referring to. Since my employment I have been made aware that she had audio surveillance set up in the offices. It is possible I suppose that she did not like a conversation that I had with another employee (though truthfully I can't recall anything specific). Is it legal for an employer to record conversations without consent and can it be used during a hearing?

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      2 years ago from Detroit

      The Act says under Section 62 that the Agency cannot try to reclaim over payment restitution if it over 3 years since they were paid. But if the benefits were gotten by fraud, the Agency can still recover up to 6 years.

    • profile image

      Angel 

      2 years ago

      Is there a time frame as to how long the unemployment agency can't get you for fraud?

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      2 years ago from Detroit

      This kind of treatment happens unfortunately. Sometimes, we have to quit. Just try to keep track of the times you tried to resolve it, the times you complained to supervision, what if anything that they did. You can get unemployment in these kinds of situations.

    • profile image

      Mr. Keke 

      2 years ago

      I quit a job do to over an year of been disrespected, bullied, stress from it all I made complaint and nothing was never done about it. I cried everyday on the floor even at home. Which was not healthy to my husband and children

    • profile image

      Telemarketer TFS 

      2 years ago

      CALIFORNIAN HERE:

      I worked for a LGBT non profit since last october, I am a telemarketer for a non profit hustling CC donations, and since hire last Oct been #1 fundraiser, but on on Jan 7th [at work] i became horrible ill and wasn't allowed to leave early AND GOT way worse over weekend. Long - short the next monday morning I WAS RUSHED to hospital and told i was hour from dying, so a 13" scar, and hospitalized for 14 days [in which mean manager kept harassing me about schedule] and 4 months of CA disability, to heal, and on 4/25 went back for 4 days and was going to second opinion dr on 5/2, and before I worked on 5/3 got a call on night of 5/2 saying i was temp off schedule because issue/drop out with a quarterly donation from Oct [and the monthly and quarterly drop out rate is 75%, happened and never had it be issue or write up before], that and paperwork mistakes on donations on days back after hurt, but they got a one time donation and claim these people didn't approve the reoccurring gift, but THEY DO NOT RECORD CALLS or let me call member back, they just said we're doing due diligence]. Now, the script, call center rules, and literal processing paper work changed and i was not re-shown, re-trained, nada. So days later my manager called and asked me to come to meeting with board of directors at 11:30 am, I say sure but tell someone if you are bringing me in to make some reason to let me go, on my fifth day back then they can spare the pomp and circumstance, the drama.

      they called me on a speaker phone and i asked, "after all I've done, all the hard work, you're letting me go"

      board member said, yea, quarterlies, and that was it, I said everyone agrees to the donations before THEY GAVE VALID card, so they go the money but the re-occurrence was the issue but they said yes....and no recorded calls.

      I have a CA EDD phone interview monday, and i have a certify for benefits alert for Sunday the day before [the cert gives me money] so what do i say.....what do I do....am I okay or screwed?

      Thanks

    • profile image

      Fine Citizen 

      2 years ago

      I have been fired from a telemarketing job. The reason my boss said you make bizarre statements. I had a phone sales call with a Spanish speaking lady. I could not understand her she was trying to give me her credit card number, and I asked my supervisor to take over the call. Well I forgot to hit the mute button and the call was recorded you could hear me saying " I have a Mexican Ann Marie on the line. I did not purposely say this. And I did not say it to the customer but to my supervisor. Anyway whats wrong with that or "i have a Italian online. Is that derogortory or overt the line. The mexican lady never called into complain the only people are complaining my supervisor and center manager. The center manager said we will lose the our client and everybody will be out a job because of this. REALLY the program and client been with us 15 years. Anyway I was fired because of this.

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      3 years ago from Detroit

      The claimant is "arguing" against both the Employer and the Unemployment Agency. If either one does not show up to a hearing, it is definitely easier for the Claimant. If the UIA rep. does not show up, almost always the fraud accusation will be dropped (unless the Claimant says something that the Judge perceives as an admission of fraud).

      UIA does not determine who is authorized to make decisions for the Employer. The Employer would designate someone for that. As far as testifying at a hearing, the Employer witness should be a keeper of records and/or someone who personally witnessed the events involved.

    • profile image

      intrested Party 

      3 years ago

      in a fraud case against a claimant is the claimant arguing against the employer or UIA, if tis the employer and no rep from the employer shows up at a hearing, is the decision ruled in favor of the claimant and the fraud accusation dropped? and how does UIA determine who is authorized to make decisions for the employer.

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      3 years ago from Detroit

      That is really outside the scope of the the Unemployment "umbrella." I don't practice in that area of Employment Law. The only thing that I do know is that I have had clients that got fired for falsifying their application for a job when it was found out. But that usually has to do with criminal convictions. I don't know if an omission of a previous job would be considered a falsification.

    • Denise Davis6241 profile image

      Denise Davis6241 

      3 years ago

      Great article! I have a question, I was fired over two years ago and initially was denied unemployment. I won the hearing (yay for me) so I did finally get it. At this hearing it was determined that I was not fired for just cause. My question, does this change anything when I go to apply for another job. Do I have to say I was fired since it was determined I was not fired for just cause? Thank you, Denise

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      3 years ago from Detroit

      You can always give us a call. Call Glenda (my wife) at 313729-9798

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      4 years ago from Detroit

      Well, feel free to give me a call. I will do what I can to help.

    • profile image

      kelly24karat 

      4 years ago

      oh God , I need help ...

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      4 years ago from Detroit

      I am very glad I could help.

    • profile image

      Mary Morales 

      4 years ago

      Hello, and good afternoon I have found your information very helpful. I am a single mother of two.I have been unemployed since January of 2013 I have since then I've been fighting my unemployment..there was a ruling of misconduct which I clearly prove with factual documentation that the decision was unfavorable and wrongfully issued, all evidence submitted before the telephone hearing was not used accurately and/or just clearly overlooked.. causingI'm unfavorably and wrong decision...I have a court date in less than 30 days I have written my own opening statementas. As I have my own appeal letter & summons and further documentations.I have found your information very helpful and I would just like to thank you for putting something out there like this for us to be able to read and just be able to have a little bit more knowledge to help us get through these tough times... so very grateful

      sincerely

      Mary morales

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      4 years ago from Detroit

      When you get the notice of hearing, then you can get someone to help you prepare and present, and the Advocacy Program will pay for it.

    • profile image

      Brandon Mays 

      4 years ago

      I was fired from my job when my license were expired not suspended. I informed my manager 2 days prior to my expiration and told her that I wasn't able to renew because of a Georgia hold on my license which is disabling to renew here in michigan. She told me not to worry and to get it as soon as possible. She end up firing me 3 months and 17 days later. I was denied unemployment because she said I voluntarily quit. I filed for a hearing. What else should I do.

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      4 years ago from Detroit

      Well, if you have a copy of where you were taken off the schedule, you should show that to the judge. I don't know what the rules in Georgia are, but in MI you should be able to win on that if you can get your side of the story communicated properly to the judge.

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      4 years ago from Detroit

      That's why you need to protest and get a hearing with a judge to get your case straightened out.

    • Ashley John Cross profile image

      Ashley John Cross 

      4 years ago from Ringgold, Georgia

      I was tetminated from my job during a medical leave with my son I was never formally informed of my termination by a boss or anyone but by am employee that I was no longer with the company and was taken off the schedule but after emailing the president three weeks after the incident I was finally sent a separation letter " three weeks later" that said I resigned on October 20th which was two days after I was taken off schedule and still within the time of my leave!!!! I did not resign. I have an UIA hearing Nov 12 what should I do?

    • profile image

      ashley 

      4 years ago

      I was fired three weeks ago during a medical leave with my son, I was informed by another employee that it was announced I was no longer with the company and that I had been removed from the schedule, I never heard a word from my boss or anyone and finally after taking it to the president I received a seperation letter "three weeks later" that says I resigned two days after being taken off the schedule and still within my doctors note of medical leave!!!! what should I do I have a UIA hearing nov 12

    • profile image

      Gregory 

      4 years ago

      I was placed on suspension pending investigation 5 weeks ago. After another employee was fired for stealing. He said I was also stealing. Without any proof I was fired and have been denied my benefits.

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      4 years ago from Detroit

      Give me a call if you like.

    • profile image

      Mary 

      4 years ago

      Was fired two months ago, unemployment was denied. Appeal hearing on Thursday. Former employer is going to say that although I was fired for making errors, none of the errors were intentional. No willfull misconduct.

    • profile image

      jamie 

      5 years ago

      Yes everyone there talks like that its a very unprofessional environment, I actually got a hold of an old co-worker that no longer works there to be a witness to the language used there ... I hope I win as I an struggling to make ends meet ... I want to thank u for this read and ur quick response... God bless

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      5 years ago from Detroit

      The standard for this kind of case is whether this kind of language is used in the work place or not. Did the supervisors talk like this? Do coworkers talk like this? If they did, then chances are good. If the employer enforced a policy of no profanity, then not so much.

    • profile image

      jamie 

      5 years ago

      I was fired w/ out warning for using a foul word in a one on one convo w/ another employee I was 4 months pregnant when fired making it hard to find another job .... My hearing is tomorrow ... About 2 months into my pregnancy they suspended me for 5 days over the phone and not one document was ever signed . Do I have a good chance of winning this case

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      5 years ago from Detroit

      Well the good news for us believers is that we know that God's hand is not shortened. He will provide from somewhere even if UIA is not speedy.

    • profile image

      rose 

      5 years ago

      EEEK!! OK. well I'm praying and keeping my fingers crossed. I'm a single mom of two small children, Rent is due soon,Christmas is coming and I've depleted my tiny bit of savings. It's been 6 weeks now and I've claimed twice so far soooo....God willing... Thank you for taking the time to respond. Happy Holidays!!!

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      5 years ago from Detroit

      If the employer does not intend to fight it, they may still give information that hurts your case. They don't have to give any info at all, but the UIA may still find against you based on their interpretation of what you told them. The bureaucracy is like an iron curtain. The only people that come close to knowing what is happening in the UIA are those working there, and sometimes they don't even know what is happening.

    • profile image

      rose 

      5 years ago

      Hi there!!! I'm hoping you can.help me with a question. If I was fired from my job, once eligibility is determined and I have received monetary determination letter, what is the , procedure by unemployment to determine if I will be paid benefits? I know they review imy case, butin that pross do they first contact my employer? If , my employer does not fight it or does not respond in a timely manner, am I then paifd

    • profile image

      kat5874 

      5 years ago

      I protested my UIA decision due to them saying I quit. I went out on disability on 12/01/2011 due to pregnancy issues. My FMLA was exhausted at 12 weeks, even though I was still on a short term disability the company gave my position away. I went into a long term disability on 06/14/2012 and then on 08/09/2012 I was able to return to work. Unfortunately, I had no position to go to. I was informed by HR that I had until 12/01/2012 to find a position with in the company if not then it turns into a termination. Well, needless to say I still have not found a position with them or any onTe. I did file for unemployment and was denied, filed the protest due to them saying I quit, when I didn't. If I am denied on the protest I will appeal. Do you think I can win this one since I did not quit nor get fired? Technically, I am still employed with no position. They are still paying for all my benefits, which I will have to pay back because they should have stopped on 08/09/2012, but didn't. I still am able to get into the company portal, which I have screen prints with date and time showing that I am still an employee.

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      5 years ago from Detroit

      You should really consider having an advocate with you if possible. It is always better to have one that is familiar with the judge and the system. Give me a call if you like.

    • profile image

      Leilani 

      5 years ago

      Pastor Andrew, thank you for this article. I learned so much on how to prepare for the hearing of my case two weeks from now. I am so depressed that this has to happen, after all, I have three children, 2cars to pay & 1 house to pay the mortgage of, but the verse in Isaiah that you have quoted encouraged me. Thank you.

    • aralis66 profile image

      aralis66 

      6 years ago

      Thanks..hope your doing better..talk to ya soon!

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      6 years ago from Detroit

      Employees that quit one job to take another permanent/full time job are protected for unemployment purposes. Or if you are working two jobs at the same time, quit one, but are still employed full time with the other, you are still protected.

    • profile image

      Heather 

      6 years ago

      I left the job of almost 4.5 years for this new permanenent full time job. I worked there 3 weeks and then they let me go for no fault of my own. The place that I left that I had been at for 4.5 years is giving me a hard time. I left there due to them giving me a hard time concerning my "accomodation" and physical restrictions due to my MS. I was in fear of being fired. I acceptd the new job while I was working there and then quit. I did give notice. Michigan Rehabilitation Services had gotten me the new job.

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      6 years ago from Detroit

      If you quit one job to work for another permanent full time job, usually you are protected for leaving the first job. If worked for both jobs for more more than ten days, that protection disappears. But if you quit one job and the other job is still a permanent, full time job, you are not considered unemployed. You should not be disqualified for leaving the first job.

    • aralis66 profile image

      aralis66 

      6 years ago

      Was denied unemployment in Michigan. The place that fired me was no issue...but then I only worked there 3 weeks. My employer before them that I worked for for almost 4.5 years is making things hard. They said I did not have a new job lined up when I quit and I had no good reason to quit which both are total lies!! So I had to protest the determination. I have everything documented...I have check stubs and I wrote out a nice long letter explaining all the details and gave dates stating that in fact I left that job for the new one and I even had worked on my days off at the new one to see if I was going to like it before I quit. I have the check stub to prove it. Then I had to get down and dirty and get into why I quit my job to take the new one. I was scared they were going to fire me. They gave me a hard time from the start when I produced a doctor's note stating my physical restrictions due to MS. They began questioning me...told me that my "accommodation" would slow down store productivity and then 2 weeks later sent me a document to sign to get authorization to contact my Neurologist to find out how long I would have these physical restrictions. I told them they were permanent..but I guess that wasn't good enough. Also meanwhile they were questioning other managers about me and what I could not do and my whole employee file came up missing among other things. It was just a big stressful mess...and it was clear they weren't going to be accommodating in any way so when the office job came thru that Michigan Rehabilitation Services had lined up for me I took it after a 2 day trial.

      What do you think about my case? I protested..now just waiting. Thank you!

    • profile image

      RyAnn Teichmiller 

      6 years ago

      I should have asked for your help when I had two unemployment hearings. I was placed on an unwanted maternity leave and was put out of work for 3 months. They denied me unemployment by saying I still had a job, just wasn't allowed to work. My doctor said I was capable of working there, but they wouldn't let me because it was a risk to the baby. I lost. :[

    • Ralph Deeds profile image

      Ralph Deeds 

      7 years ago from Birmingham, Michigan

      Very true. It happens quite frequently. Also, there are several tricks and traps that unscrupulous temp agencies use to disqualify claimants. For example, if an assignment comes to an end the employee is obligated to notify the temp agency within 5? days or be disqualified from unemployment benefits as if he had quit rather than been laid off.

    • PastorAndrew profile imageAUTHOR

      Andrew Grosjean 

      7 years ago from Detroit

      Unfortunately, it happens a lot. The reason is because the employer can limit its liability if it can classify the Claimant as an independent contractor.

    • profile image

      Scott 

      7 years ago

      Good Stuff. As someone who has voluntarily quit, or rather was constructively discharged, I can tell claimants this: If you have a good reason for quitting, and can demonstrate this to the ALJ, you may very well receive benefits.

      I am currently helping a friend try to receive benefits. Her's is an issue of employee misclassification, so this is a whole new can of worms for me. I have not seen much info on the web pertaining to claimants winning benefits who were wrongly misclassified as independent contractors.

    • Ralph Deeds profile image

      Ralph Deeds 

      7 years ago from Birmingham, Michigan

      Lot's of good information. You sound as if you may be a claimant advocate. (I am as well.)

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