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Michigan allows you access to an advocate for free. You need to get one. I just don't think you understand what is happening to you well enough to do this on your own. There are just too many issues with the "lack of work" to "fired after a leave" to a "quit because of discrimination." Now you've got "availability," and "false statement."
I think this is winnable, but you need someone to coach you through this.
O.K., what is happening is very common in a situation like yours. Odds are you probably will prevail in the end, but you have complicated this so much that your employer is not even responding to unemployment about why you are no longer employed, they are throwing back things you have said and done. In essence they are playing the exact game we tell employees to play, dumb and confused. They are pretending that they have no idea why your not there and are throwing everything regarding you back on you.
The EEOC discrimination filing is a form of get out of jail free card for employers with unemployment. Since unemployment does not determine discrimination, they could literally wait and wait (months or years later) for EEOC to either issue a determination supporting you, or issue a right to sue which works for the employer.
What is clear is somewhere in unemployemnt they are inundated with confusing information and most of it isn't helping you. You need someone (maybe someone here can help) to go through your story and information item by item, discarding the junk and working with the real issues. You may have to backtrack on stuff and depending on what you actually told unemployment, you have have to fight yourself over something you said to unemployment that should not have been mentioned.
Chyvan & Rabrrita...Yes I realized I've messed things up by being too honest and over explaining things however I never ever lied or misrepresented facts at all. I don't know where they got the "availability" or "false statement" thing from. I really don't. It's to do with this person who supposedly read my appeal/protest. I believe I will request an advocate as I have absolutely no experience in this field what so ever. In the mean time I guess I'm still supposed to phone in to MARVIN? What should I do about the "notification to apply for work" that I have to fill out from my past employer. I was just on their website and guess what? They have no openings in my area for an in home health aide yet they told UIA that they did? I can't win for losing.
That lawyer really messed up this claim for you. The discrimination suit should never have been filed before you filed for and had secured unemployment benefits. Why the rush?? Surely, you could have waited a couple of months. Also, what was your end goal in filing that discrimination suit - did you hope for a job restoration or money damages? According to this, you could have waited six months:
Quote:
How long do I have to file a discrimination claim?
Not long. You must file a charge of discrimination with the EEOC within 180 days of the discrimination or, in some states, within 300 days. Therefore, the sooner the better. In addition, you should act before evidence goes away and memories fade. Finally, the legal process takes a very long time -- two years or more in the typical case. Therefore, the sooner you start the process the sooner you will have the opportunity to prove a case of discrimination.
The simple has become so complex and convoluted all because of a concern about discrimination - instead of the one and only issue - you had no job - because you were discharged.
Filing EEOC - before filing for unemployment - is what has messed up this whole thing - and also why the issue of availability now arises. The question now, among other things, is are you medically fit to work - i.e., able and available. You will need to provide a doctor's statement to that effect.
Know that it is very common for employers to discharge employees after return from medical leave and FMLA. Somehow, during their medical and/or FMLA leaves, employers rethink employment for that employee. You return to work - and bam - you no longer have a job. We have many, many cases on this board citing that exact circumstance. These people always get their benefits - even when they may have violated their returns by a day or so. Employer tries to call these events quits - but they don't succeed.
Yep - now you have to:
disprove the quit for medical reasons,
prove you were, instead, discharged,
prove able and available, and
disprove whatever misrepresentation they think you've committed.
An advocate, in your case, is an excellent idea.
Last edited by Ariadne22; 05-09-2014 at 01:31 AM..
The misrepresentation is because you put "lack of work." When an employer replaces you with someone else and you no longer have a job, that's isn't lack of work. There is the same amount of work as before, only you're just not the one doing it. That is a discharge/firing, but that doesn't mean you won't get UI. Unless you are absolutely certain it was a lay off, you can pick discharge and still be ok. It only means that it needs to be determined if you did something amounting to misconduct, and that's difficult for employers to do.
Ariadne22....Yes I'm beginning to realize that the filing did mess things up. I wanted accountability on their part for the discrimination and yes I do want money damages because if not for the crap my district manager pulled I would still be employed by that company. I would still have a job and I would still have health insurance.
How do I do all those things you brought up? I tried getting an advocate online on the UIA website but it said you had to select an appeal and nothing came up. It wouldn't let me. And I did find out where they thought the misrepresentation came from. It came from another job they called that I worked way back in May 2013. I literally only worked 3 shifts there and then no work. They couldn't find another client in this area for me to work. They found a client in October 2013 and called me however I was recovering from surgery and couldn't accept. This health care place will only take you if you have no restrictions and if you have your own vehicle and own car insurance. My vehicle was vandalized after I lost my job. I am currently using one of my parents spare vehicles. They have me listed as a driver on their insurance but the health care place will not accept that. I do not meet their criteria for work.
Chyvan...No I think the misrepresentation came when they called the health care place and the health care place said I turned down work in October 2013 because I had surgery and was on medical leave. Now the person at UIA changed it to that I quit for medical reasons which is a lie. When I told them "lack of work" I told them I had no job to go to because they filled both positions. That I had no job to go to. I did explain it like that. Do you think I did the right thing? And you're right...I do not have any experience in this matter and I know I'm in over my head which is why I tried to get the advocate but the website wouldn't let me request one.
Ariadne22....Yes I'm beginning to realize that the filing did mess things up. I wanted accountability on their part for the discrimination and yes I do want money damages because if not for the crap my district manager pulled I would still be employed by that company. I would still have a job and I would still have health insurance.
How do I do all those things you brought up? I tried getting an advocate online on the UIA website but it said you had to select an appeal and nothing came up. It wouldn't let me. And I did find out where they thought the misrepresentation came from. It came from another job they called that I worked way back in May 2013. I literally only worked 3 shifts there and then no work. They couldn't find another client in this area for me to work. They found a client in October 2013 and called me however I was recovering from surgery and couldn't accept. This health care place will only take you if you have no restrictions and if you have your own vehicle and own car insurance. My vehicle was vandalized after I lost my job. I am currently using one of my parents spare vehicles. They have me listed as a driver on their insurance but the health care place will not accept that. I do not meet their criteria for work.
Chyvan...No I think the misrepresentation came when they called the health care place and the health care place said I turned down work in October 2013 because I had surgery and was on medical leave. Now the person at UIA changed it to that I quit for medical reasons which is a lie. When I told them "lack of work" I told them I had no job to go to because they filled both positions. That I had no job to go to. I did explain it like that. Do you think I did the right thing? And you're right...I do not have any experience in this matter and I know I'm in over my head which is why I tried to get the advocate but the website wouldn't let me request one.
Continue claiming through Marvin at your scheduled time. This is important because if you win an appeal, you will only get paid for weeks you've claimed. Also make sure you fill out your job log and submit that monthly (you can do that online if you wish).
The advocate won't enter the picture until the hearing stage with the ALJ. I called for one when I got my hearing date in the mail but I believe you can request info as soon as 10 days after you get your redetirmination denial letter.
GlassJoe...Oh I'm still calling into Marvin and doing everything I can. They keep hitting me with more paperwork every time I turn around it's something new however I fill it out and fax it back to them. I am now in the "pending ajudication" stage. I still have yet to receive a court date and it won't let me request an advocate on the UIA site because it won't let me select a claim. Back to the waiting game. It's probably gonna be Christmas before I get this thing taken care of. *LOL* I've been at it for 5 months or so already. How long did the whole process take you...like from the time you originally filed until the ending of the hearing process?
I quit my job due to my employers relocation of my office location which took place on May 28th, 2014. The company was very much aware that many of us would not be able to make the commute however they would not lay anyone off, although they stated they would not fight anyone's unemployment. The only option to use when filing the claim other than quit was laid off or fired which I was not, I was being very honest with the UIA, now I am being told by many of my colleagues that their claims have been denied because they quit, I was also told by my supervisor that if I did not give notice I would not receive the separation package (and that was not in any of their correspondence to us about the separation package) which was one month of Cobra for the month of June 2014 and outplacement services for one month to which we have neither up to this point and it is one week into the month of June. When I contacted my employer about the Cobra I was told that our claims would be back dated. I then asked how you could back date prescriptions or anything that had to be paid up front. I was then told to call Cobra to see if the paperwork could be expedited and they would look into the outplacement services. It seems as though we are getting a royal you know what from this company and I do not understand why our claims would be denied.
I do not understand why our claims would be denied. Why would we not be eligible when this was clearly was attributed to my employer
See how I trimmed down your post to two lines? That is why people get denied for UI when they quit. The deputies that read this stuff also only read two lines, and unless the two lines they read are a good reason to quit, you have to appeal the decision.
Quitting because the employer moves might be good cause, but you hurt yourself because you could have legitimately checked the "laid off" box. You had a severance, and your employer said they wouldn't contest. Besides that, you didn't quit. What really happened is that you were FIRED from the job you had, and you refused employment in the NEW location. The logic changes the whole character of the circumstances, and it's why people have trouble getting UI. They tell the story wrong.
When you get your denial, you come back and type in the decision, and someone will tell you have to fix things.
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