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Old 04-25-2012, 01:40 PM
 
1 posts, read 1,946 times
Reputation: 10

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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, 01:51 PM
 
Location: Seattle, Washington
879 posts, read 388,722 times
Reputation: 692
Paragraphs! The eyes!
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Old 04-25-2012, 02:11 PM
 
4,183 posts, read 4,802,334 times
Reputation: 852
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, 03:05 PM
 
Location: Wisconsin
14,391 posts, read 19,231,273 times
Reputation: 6888
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 04:17 PM..
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Old 10-15-2013, 09:15 PM
 
4,183 posts, read 4,802,334 times
Reputation: 852
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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Old Today, 06:56 AM
 
1 posts
Reputation: 10
I too have issues with the incompetence of MI UIA. Why am I being penalized for THEIR ERRORS?

1 - they have attached a garnishment on me for penalties of overpayment that they claimed happened 4 years ago along with penalties...I owe $16,0000.00, which over $10,000. are fines.
2 - all my documents state "no misconduct / misrepresentation found, and their figures do not add up after having this viewed by a CPA.
3- MIWAM....is useless just like their 'problem resource center' (what a waste of taxpayer money), and how bad is it when you can't even get to 18665000017 because they are busy helping other people, please call back.
4- How many letters does it take to stop this witch hunt?

I am at my wits end. I don't know what else to do?
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Old Today, 07:14 AM
 
482 posts, read 115,925 times
Reputation: 427
Quote:
Originally Posted by trc2k11 View Post
paragraphs! The eyes!
+1
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Old Today, 10:45 AM
 
2,250 posts, read 1,659,384 times
Reputation: 3187
Quote:
Originally Posted by fedupwbs View Post
I am at my wits end. I don't know what else to do?
You do what hundreds in similar situations do all the time, you contact your local state legislator and ask them to assist you. That's all it takes; noting dramatic; nothing secretive; nothing but plain old common sense in problem resolution.
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