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I am new to this forum and want to say thank you for being a readily available resource. To give a little background detail, I was fired from my company on November 13, 2018. I sent a letter to the proper department management professionally criticizing my current department management. I worked in Accounting and sent the letter to Monitoring. The letter also included a request for transfer back to the monitoring department. That same day the monitoring manager came to my desk and told me she accepts my letter as a resignation today would be my last day, I could leave now or at 5pm.
The Unemployment Insurance Agency (UIA) denied me twice. My understanding is that the first time was my employer and the second time there was insufficient evidence. I appealed yet again and there was a telephone hearing on Tuesday January 22, 2018. The hearing went really well for me and the judge grilled the management who fired me that day. She asked questions such as "Why didn't you discuss this in private?" and "Why didn't you offer a chance for the letter to be explained?"
I understand only 2 days has gone by, but I checked my MiWAM account and found an Appeal Result. First, the action under the letter category now says "Not Adversely Affected." Next, the actual Issue Detail form now says "Result: Not Disqualified" and "ALJ Decision: Reversal" The appeal date and protest dates are all accurate. My question is, did I win my case? I do not want to jump the gun since it has only been 2 days, but is it possible it did update this quickly?
You're a special case. Please type in your decision when you get ALL the words. We need to knew if you "quit" and the employer having you leave that day was a firing, OR if it was treated as a firing and the letter was just criticism.
You're a special case. Please type in your decision when you get ALL the words. We need to knew if you "quit" and the employer having you leave that day was a firing, OR if it was treated as a firing and the letter was just criticism.
Okay! I will certainly let you know. When I built my case I studied the law and compiled my evidence based on that.
Which? There were two rationales there and depending on the state either could work. We don't know what MI does, and that's something that needs to be documented, and you're the perfect test case.
Well the employer used the criticism and request for transfer letter as a reason to consider it a resignation. They attempted to argue that the tone (her words angry) indicated I was resigning. However, I argued the exact opposite using the same document. During cross-examination I asked the manager if she witnessed any specific date for leave, or notice of intent. She said no and again began mentioning the tone again. I explained to the judge all I intended in that question was confirmation that their is in fact no intent of leave implied.
I also submitted a Voluntary Leaving (Quit) article as evidence to use toward the circumstances that day.
What court cases have said: Unemployment compensation cases say that before quitting, the worker must first tell the employer about the problem and must give the employer a chance to correct it.
Although I did not resign my position, the above statement explains that workers must contact employers regarding issues. This is exactly what I did that day, I contacted the management team to explain what was going on in the department, and to request a transfer. Even after sending this request, I did not resign the position.
The judge asked me if after she said she would accept it as a resignation if I objected to it being a resignation and why not. I explained I did not because this was conducted in front of my peers, in which her exact words were "Today is your last day, you can leave now or at 5pm." At that point I was humiliated so I packed up my things and she stayed with me until I left the building, as if afraid I would damage the company somehow. Her last words to me were "Don't forget, to get your last paycheck you will have to turn in your employee handbook." Everything in the separation was completed by the employer, and during my closing statement I explained "I just want to say it was my full intentions that day to request a transfer, and not resign my position."
Which? There were two rationales there and depending on the state either could work. We don't know what MI does, and that's something that needs to be documented, and you're the perfect test case.
I got the complete decision. What information did you want me to supply for your research? She actually quoted other court cases which is awesome to see. But her entire decision is about 3-4 pages long.
The part as to weather releasing you early turned a quit into a discharge.
OR
If criticizing your employer isn't misconduct and you were never quit at all.
The judge found that I did not voluntarily leave the position. This is because I was told in front of other employees that was my last day, and that I could leave immediately or at the end of the day. She found I was simply asking for a transfer to a position that I believe existed because of the employment environment and agreement to my promotion. The Employer did not discuss any of Claimant's concerns in the letter, nor did they notify him no other positions were available. Notice of unhappiness in a position and requesting a different position is not an intention to permanently leave.
Within the letter, there was never an indication of leaving the company or resigning the position. To the contrary, he states he decided to stay on the job and express concerns regarding management. Claimant was not afforded the opportunity to remain in his current position, nor did the employer make any attempt to address environmental concerns. Claimants leaving was involuntary.
Do this surprise you given the circumstances? The letter specifically stated I chose not to quit.
I wasn't looking for a surprise. It was going to be one of the two methodologies I'd mentioned before. This was you being fired.
What we're trying to learn is: in MI, can a quit be turned into a discharge when the employer accepts your resignation early? We don't know, and your case didn't clarify it. We'll keep waiting for someone to live it.
I wasn't looking for a surprise. It was going to be one of the two methodologies I'd mentioned before. This was you being fired.
What we're trying to learn is: in MI, can a quit be turned into a discharge when the employer accepts your resignation early? We don't know, and your case didn't clarify it. We'll keep waiting for someone to live it.
I mean I was really just asking how you felt about the case, I didn't expect it to surprise you or anything. I think the issue here is that there was never a resignation involved, although the greedy corporation attempted to paint it as such a scenario. Sorry I couldn't be more of a help, I am still surprised the agency denied me, but somebody told me they typically always side with the company.
Hucklecookie
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