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Old 04-25-2012, 12:40 PM
 
1 posts, read 1,662 times
Reputation: 10
Default Michigan Unemployment Nightmare-Any others?

Hello. My unemployment nightmare started almost 3 years ago. I lost my job and due to my employer misclassifying me as an independent contractor, I was denied. I was in fact an employee and met all but 1 of the criteria to prove so. I sent in documents, including emails, company memos, everything that proved that I was an employee. After 2 years of battling with the UIA over the issue, I was finally granted a hearing in front of an ALJ. This is mainly because I filed an ss-8 status with the IRS and they investigated and determined that I WAS an employee, which prompted the UIA to actually listen. While I realize that these claims can be difficult and time consuming, my main issue is the worker that was assigned my case. This person, on 3 different occasions, lost my file completely. Then they claimed not to have documents that were faxed to them over and over again. They claimed I was late on sending in information on several occasions, when my lawyer and I had proof that it was sent on time. Each of these issues with the worker took MONTHS to reverse and get straight. This worker was supposed to investigate my case, and even though all of the evidence was in my favor, she continued to deny my claim. This evidence included the paperwork that my former employer had to fill out, where they AGREED that they had exercised control over me, and agreed to all the other points in contention. They agreed that I was an employee and said so on the documents they sent. STILL this woman denied my claim. Finally my ss8 determination came in and after sending this to the courts, they finally set up my hearing with the ALJ. In the hearing, this worker couldn't answer simple questions and made many misstatements. They even claimed to not have documents and my lawyer would pull them out and show that these documents had been discussed and reviewed by them. This person was seemingly completely unable to do her job and the ALJ was visibly frustrated with them throughout the hearing. It was only a few days later that my ALJ ruled in my favor and sent the paperwork. The ALJ basically stated what we already knew, which was that I met all the criteria and there was no basis for denial of benefits.
Now, during these 2.5 years, the company I worked for filed for bankruptcy. So NOW the UIA is saying that since the company never paid unemployment taxes, that I couldn't receive benefits. If the claim had been investigated as it should have been, the company would have still been in business and they could have collected the UI taxes from them. We are still fighting this issue now and I am told we will have to go back to court, which tends to take months and months.I am a patient person. I will wait for court dates, and I have always returned needed information to the UIA immediately. Here is my question and plea, has anyone else had an issue with a worker being this incompetent? If so, what was the final outcome of your claim? I refuse to stop fighting for my benefits based on a workers negligence and incompetence. If anyone has had these types of issues, please get back to me. I am researching what kind of complaint or suit can be filed against the UIA or this worker. I am sure this worker has dealt with their other claimants files in a similar way to mine. I can't imagine how many decent people this worker has denied benefits to and what it has done to their lives. I was told at one point that UIA workers are told to deny claims a number of times because most people will then give up.
If you have a similar story, please tell it. Let's get the word out about the incompetence in the Michigan UIA.
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Old 04-25-2012, 12:51 PM
 
Location: Seattle, Washington
879 posts, read 230,061 times
Reputation: 692
Paragraphs! The eyes!
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Old 04-25-2012, 01:11 PM
 
3,300 posts, read 3,531,332 times
Reputation: 687
Are you sure your attorney isn't contributing to the problem to rack up billable hours?

That BK story of your former employer is non issue. It happens all the time. That is why there is a base rate in the UI tax that is above and beyond a company's draw for the very reason that many employers go under and all those separating employees will get UI paid by all the other employers. It's referred to as the socialized cost.

Don't waste your time suing. Your remedy was to appeal, and you won. There are no damages to collect from a government employee in a case like yours in their official job capacity. All you can do is file a complaint with the workers supervisor. That this person was overturned on appeal of the original decision speaks volumes.
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Old 04-25-2012, 02:05 PM
 
Location: Wisconsin
13,120 posts, read 16,000,249 times
Reputation: 5992
Well, at the risk of sounding like a broken record on this board, write your governor and state representatives, document clearly what happened, and name this worker.

Also, as TRCK says, use paragraphs, for heaven's sake. In addition, use bullet points and paragraph numbering where applicable, attach copies of pertinent communications.

In other words, present your case/complaint in a logical, easily readable format - providing enough specific information on the who, what, when, where, how - that, should you find a sympathetic ear, someone can easily pursue the issue.

You won't get any money, but you will at least rattle a few cages.

Last edited by Ariadne22; 04-25-2012 at 03:17 PM..
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Old 10-15-2013, 08:15 PM
 
3,300 posts, read 3,531,332 times
Reputation: 687
I don't know what your prior occupation was, but if it wasn't working fast food, you don't have to "expand" your part-time occupation. Now, that it looks like you're working 5 hr/day, you can tell her NO if she tries to make it 5.1 hrs+. Don't call in sick because that looks like misconduct, but you can absolutely tell her no when she shedules you for more hours and more days than what was agreed. Hopefully she fires you or stops scheduling you altogether, and if you get out of this situation gracefully, don't repeat the mistake and tell everyone you know "working isn't always better than collecting UI."
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