I am in the middle of a dispute over unemployment benefits with my employer. Last spring, my boss approached me about whether or not I was happy with my position and I confessed that I planned to start looking for something different in the summer. Several months later, he secretly placed an ad for my position in the paper and hired a replacement without asking if I was still considering a career change. A few days after the new employee started working, I was told that my hours would be cut back and that I would be working on an "as needed" basis. When two weeks went by without any work, I filed for unemployment. Now my boss is appealing my claim, stating that I resigned when we first spoke in the spring. What does Michigan law say about quitting? Can a casual conversation (initiated by my boss) be grounds for forcing me out of my position (under false pretenses) 5 months later?

OK, so you filed for unemployment benefits? Were you originally granted benefits, the employer appealed, and you are now appealing that reversal of the original determination? I'm a little confused as to where the process stands right now. :confused:

The unemployment bureau has decided in my favor (that I did not voluntarily quit) twice- he has appealed now for a third time, so it must go before a judge. I have a hearing in January. I'm assuming that legally I was in the right based on the results of the first two determinations, but now that I have to go before a judge, I am trying to find out exactly what the law says. I did apply for an advocate, but just in case that doesn't work out, I want to be as prepared as possible. I don't want to be surprised with anything at the hearing. Thanks!

I'm not sure any of us who don't work for the agency can access whatever laws may or may not apply. They just might be guidelines that only the agency personnel can access; UI claims are adjudicated on a case-by-casis basis. If they've appealed three times and been denied three times, not only am I surprised they still have the right to another appeal, but I'm flabbergasted they think that the result is going to be different this time. I can't imagine what they could come up with that would be convincing enough to change the last three decisions. :eek:

Thanks- I appreciate your help. I'm not surprised that my former boss has appealed my claim three times- he also thought that he had the right to replace me and then lie to me about reducing my hours ...all based on one conversation months earlier. I'm realizing that my former boss is just a delusional jerk.

Just out of curiosity, is there any basis here for a lawsuit? I don't want to take that route right now, but I feel like I may have to if the situation escalates any more. Losing my job has devastated me financially (unemployment only pays a little over half of my former wages) and despite applying to many, many jobs in my area, I can't get hired. I know for a fact that I have already been passed over for several positions based on his bad reference. I also know that losing my job had nothing to do with job performance. My replacement is paid significantly less than I was- I believe money played a key role in losing my job. He is a loud and prominent member of the community. I feel like I've been blacklisted, and I'm getting very worried about my future. I'm trying to move on, and he won't let this go. Is there anything I can do to make him leave me alone?

No, no lawsuit. Winning unemployment benefits does not mean that the termination was illegal; only that it was not for a disqualifying reason. The vast majority of people collecting unemployment were legally fired. Michigan is an at-will state; you can be fired for any reason or no reason, just not a reason that violates the law.

Ok. There seems to be a big grey area between an employer doing something that isn't "right" and doing something illegal. It's too bad that an innocent person can get hurt and the person responsible can go on their merry way without repercussions. I guess that's how it goes sometimes. Thanks for the info!

There seems to be a big grey area between an employer doing something that isn't "right" and doing something illegal.

There is, and that's because there can be a legitimate difference of opinion as to what is "right". If, for example (I know this is not the case here but for a moment let's pretend) the new employee was actually a former employee who had done good work for them, left on good terms, and now needed a job badly, it might be "right" for them to hire them back into your slot, even though it might be "wrong" to fire you for no reason attributable to you and your work. What's "right" depends in no small measure on what your stake in the situation is.

my boss approached me about whether or not I was happy with my position and I confessed that I planned to start looking for something different in the summer....forcing me out of my position (under false pretenses) 5 months later?

I don't understand why the company is bothering to contest the unemployment claim, but the company did nothing wrong by replacing you. Quite obviously, they had concerns about your long term prospects and chose to replace you at a time convenient for them and not have you leave them in the lurch at a time of your choosing.