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View Full Version : Need to understand unemployment law - Michigan


bcairns
07-29-2006, 11:10 AM
Hello -

Very long and boring story - I will spare you the details but...

Just talking with a co-worker that has been laid off and on unemployment for close to 10 months now.

He told me that you have to get laid off (ie not fired / terminated / walk off / quit) but specifically "laid off" to get any sort of unemployment in michigan.

Was wondering if any of you could clue me in...

1 - How is he on unemployment for so long, seems they would force him to find a job by now? Or at least revoke his monthly check he is collecting from the unemployment office?

2 - If you get fired or quit (rather then laid off) are you eligable for unemployment?

3 - About how much per month do you get from unemployment (50%, 75%, 100% ?) - I know for a fact he was making over 100k a year when he was working, now it seems he is getting a free ride on the tax payers dollars?

I hate to be overly critical - just trying to understand how someone could be on unemployment for that long and not be in trouble with the unemployment office....let alone very deep in debt.

Any comments or links to the info would be a great help.

robb71
07-29-2006, 11:30 AM
Unemployment regulations vary by state. Ultimately it's their decision if UC benefits are extended or denied. Generally speaking, you would qualify for UC benefits under a lay off or no-cause discharge. Your friend is correct on that point. Sometimes exceptions are made for terminations but those are case specific determinations. In order to qualify, you'd have to be actively seeking employment and ready and available for work should it be offered. Typically the benefit weeks will range from 14 to 26 weeks. Page 10 of this link will go over how benefits are determined: http://www.michigan.gov/documents/uia_UC1905_76147_7.pdf. FYI, unemployment is not "total" income replacement. It's only a portion and is capped at a certain level. I can assure you that your friend is not receiving his 100k salary on unemployment.

Useful link:
http://www.michigan.gov/uia

bcairns
07-29-2006, 03:33 PM
Thanks for the information!

mckaylawnboy
10-24-2006, 07:41 AM
Hi, I own a small lawn service in Michigan and can answer some of your questions from personal experience.

#1. All the employee is required to do is file their resume with Michigan Works as part of qualifing for benefits, then they call into the MARVIN system and it asks if they have been looking for work and they say yes and then they get their check. Years ago the employee would have to go in person and apply for jobs that were available-they apparently did away with this system due to budget cuts (let the computer do it over the phone).

#2 I fired a employee that was a "no call no show" this employee was paid through the winter even when not working (we do snow removal), he had a cell phone paid monthly by me, he was on call 24-7. He called me, it was snowing told him need him in the morning--nothing. I lost 2 contracts over it as I had no one to drive the third truck. He collected 26 weeks of unemployment from me. How can this be? I did not have a "policy" in place that informed the employess of the ramifications of being tardy, absent ect. Silly me, I just assumed that when you are a no call no show you have no job!

#3 As for this question I'm not really sure, I think it is 75% the first week then 50%.

cbg
10-24-2006, 09:02 AM
Mckay, did you happen to notice that this question was from back in July? I kinda doubt that he's still coming back looking for answers.

bcairns
10-24-2006, 03:08 PM
Actually the site emailed me and informed me of his response.

Thanks a ton

cbg
10-25-2006, 09:03 AM
Even so, since not everyone subscribes to threads, I'd prefer that dormant posts be left alone unless someone has a question (not a comment) about the law being discussed or the OP wants to come back with an update.

zoner10
02-15-2007, 06:46 AM
Back in July got laid off for "lack of work" - applied for UI - was approved - but found new job and never collected a dime. Got fired now after 7 months for "insubordination" without even a warning. HR says they wont fight UI. Someone else told me that UI will actually go back to the July employer? Is that the case? If so - I should be elgible right? ty

cbg
02-15-2007, 09:14 AM
Zoner10, next time please start your own thread, okay? ;)

rjc
02-15-2007, 04:46 PM
Someone else told me that UI will actually go back to the July employer? Is that the case? If so - I should be elgible right? ty

Not exactly. The potentially liable employer is the separating employer. Therefore, in your case, your most recent separation due to a discharge for insubordination will determine your eligibility. Your most recent employer must be able to demonstrate willful miscoduct connected to work.

Your prior employment will be considered as far as your benefit rate, ie, your gross wages will have an effect on your claim. As long as it is not a reimbursible employer (non-profit), then it will most likely be relieved of liability

jwthornhill
04-10-2007, 10:19 AM
Yesterday, I had my hearing with the Administrative Law Judge at the Michigan Unemployment Insurance Agency offices in Livonia, Michigan.

To my surprise when I got there, (almost one hour early) the lobby was completely empty. There wasn't even a receptionists there.

Finally, almost 30 minutes after the Hearing was to start someone opened a door and called my name.

No one else was there during the entire proceedings. The actual hearing itself only lasted around 20 minutes. Afterward, he turned off the tape recorder and then the words that I dreaded, "..In my 33 years of working here this is the most severe penalty that I've seen for something of this nature. Maybe if you had contested it within the one year time limit you could have had it reduced but, at this point I'm unable to do anything. Sorry!"

As Dave Ramsey would say..."STUPID TAX!!"

cbg
04-10-2007, 10:27 AM
What does, start your own thread, mean to you people?

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