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Thread: responding to 'Notice of Determination'__to Appeal Michigan

  1. #1
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    Default responding to 'Notice of Determination'__to Appeal Michigan

    I am sending a Request for Re-determination.
    It asks that I clearly state my 'reason for disagreeing'.
    This is my response:
    I feel that I was fired in retaliation, and the reasons and claims of 'disorderly conduct' made by the employer are unwarranted.

    Any viewpoints on this?
    Thanks

  2. #2
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    Not all or even most terminations for "retaliation" are illegal. What did you do for which the employer might have retaliated?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

  3. #3
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    Default letter for Re-determination ?'s

    Quote Originally Posted by cbg View Post
    Not all or even most terminations for "retaliation" are illegal. What did you do for which the employer might have retaliated?
    My question here is: is this enough info at this time to give in the 'Request for Re-determination letter?
    As I've been told to keep the supporting documents and details for the appeals hearing.

    Thanks for the response, I am not asking if the retaliation is illegal at this point, which I'll be consulting with a lawyer for that.

  4. #4
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    Default

    This is my response:
    I feel that I was fired in retaliation, and the reasons and claims of 'disorderly conduct' made by the employer are unwarranted.


    My question here is: is this enough info at this time to give in the 'Request for Re-determination letter?
    Depends on the response you are seeking. If you leave it at that...you are surely to receive an unfavorable decision. Again.

    I am not asking if the retaliation is illegal at this point, which I'll be consulting with a lawyer for that.

    Then ask the lawyer if your response is sufficient.
    I'd have to go look, but as I suspect, MI is an "at will" employment state, your employer, nor you for that matter, are required to give you a reason for seperation.
    Unless you are a member of a protected class...ie, race, age, religion, sex etc., difficult to prove "wrongful termination".

    cbg's question is not unreasonable, ''Not all or even most terminations for "retaliation" are illegal. What did you do for which the employer might have retaliated? '', and the answer may serve to illicit a better response in your appeal letter.

    Good luck to you.

  5. #5
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    Default appeal for re-determination

    I didn't think the question about illegal firings, was unreasonable at all. It just was not the question I was asking.

    Seems to be little input here regarding 'Appeal letter for Re-Determination.
    This is my issue__how much do you actually tell in the 'Request'__it's the hearing where you present your facts and supporting docs, NOT the Request_just wanting some input from any one experienced in that.

    ThaNKS

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    Quote Originally Posted by CAIW View Post
    I'd have to go look, but as I suspect, MI is an "at will" employment state, your employer, nor you for that matter, are required to give you a reason for seperation.
    All states are at-will employment states except Montana & even there in some situations.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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    Default right to appeal

    Quote Originally Posted by Betty3 View Post
    All states are at-will employment states except Montana & even there in some situations.
    I am writing an appeal letter for UE benefits and a re-determination.
    Defending my right to appeal, AND to receive UE is what I'm concerned with, 'at will' is neither here nor there at this point.
    Thanks nevertheless.

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    Did the state tell you why you were denied benefits in the first place? The answer matters.

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    Quote Originally Posted by forest11 View Post
    I am writing an appeal letter for UE benefits and a re-determination.
    Defending my right to appeal, AND to receive UE is what I'm concerned with, 'at will' is neither here nor there at this point.
    Thanks nevertheless.
    I was replying to CAIW.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

  10. #10
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    Thank you Betty.


    In your first post you said...
    I am sending a Request for Re-determination.
    It asks that I clearly state my 'reason for disagreeing'.
    As you can see... 'reason for disagreeing', the form is the "Request", they are asking for your reason for disagreeing, not the reason for the request.
    The more information you can provide on this form the easier it would be for the administrator/judge to issue a decision without your physical presence at the hearing. That would be to your benefit...IMHO.

    It appears, to me anyway, you are concentrating on the "request" rather than your disagreement reasoning.
    This is my response:
    I feel that I was fired in retaliation, and the reasons and claims of 'disorderly conduct' made by the employer are unwarranted.
    Sorry... but 'at will' is definately at issue here. That is your basis for disagreeing with your UI denial...your ER is not obligated to provide any reason, let alone "disorderly conduct".

    The answer to your basic question remains the same... "No". Your statement is not enough.
    Your thoughts of an attorney are well placed.

  11. #11
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    Default protest is the word

    Quote Originally Posted by CAIW View Post
    Thank you Betty.


    In your first post you said...As you can see... 'reason for disagreeing', the form is the "Request", they are asking for your reason for disagreeing, not the reason for the request.
    The more information you can provide on this form the easier it would be for the administrator/judge to issue a decision without your physical presence at the hearing. That would be to your benefit...IMHO.

    It appears, to me anyway, you are concentrating on the "request" rather than your disagreement reasoning.
    Sorry... but 'at will' is definately at issue here. That is your basis for disagreeing with your UI denial...your ER is not obligated to provide any reason, let alone "disorderly conduct".

    The answer to your basic question remains the same... "No". Your statement is not enough.
    Your thoughts of an attorney are well placed.
    actually on the UE form it's 'Protest of a Determination'__

    as far as 'at will'_one still has to defend them self in a UE Determination. In which, of course, one will submit REASONS for DISAGREEING.

    I will NOT get a lawyer for UE hearing, but will for the wrongful discharge__which I won't go into here on this site. And yes, I did turn out 3 pages of reasons!

    Thanks all for your input here.

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