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Advice for Unemployment Hearing in Michigan (MI UIA), Judge

Updated on September 1, 2016

Employment Question

Have you ever had to file for Unemployment?

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A General Overview

Most people that file for unemployment get their benefits. Sometimes, however, people who do qualify (Claimants) are denied their benefits. This sometimes happens because the Employer tells the UIA that the Claimant should not get benefits. Sometimes, the Employer does not stand in the way, but the Unemployment Insurance Agency (UIA) decides that the Claimant is disqualified.

The good news is that you can protest if you are denied your benefits.

Most people are denied Unemployment because they were fired. Most people who are laid off receive their benefits as they are supposed to. But the law says that if you have been fired for less than a good reason, you should receive your Unemployment. Depending on the circumstances, you can get your benefits even if you resign, although it is a little harder.

In my experience, about 75% of those that have a hearing for their benefits are there because they were fired. I would say that about 20% involve resignations. And about 5% are about other issues.

Here are the levels of protest that you must can go through for your claim.


1. The UIA issues a Determination. This happens when one of the parties disagrees with the agencies decision on someone’s benefits. This Determination can be for the Employer or the Claimant.

2. Either the Employer or the Claimant (whoever loses) sends a written protest to the UIA. This must happen within 30 days or there will be problems.

3. The UIA issues a Re-Determination based on the facts received in the protest. Sometimes the UIA reverses the decision in the Determination. In my experience, usually they affirm the Determination.

4. Either the Employer or the Claimant protests that Re-Determination. This again must be within 30 days or you will have problems.

5. The UIA forwards the case over to the Office of Appeals. You get a chance to have a Hearing, talk to a human, and tell your side of the story.

6. Whoever loses in the hearing, has the automatic right to appeal to the Michigan Compensation Appellate Commission (used to be called the MESC Board of Review). Again it needs to be withing 30 days, or you will have problems. This is the last step in the Unemployment system.

7. Whoever loses before the Board of Review, can take it to Circuit Court. But at that point, it is no longer in the Unemployment system. It is now in the Judicial Court system. You can take this appeal all the way to the United States Supreme Court. There have been Michigan Unemployment claims that have gone all the way to the U.S. Supreme Court.


Unemployment Question

Did your find the Unemployment process easy or difficult?

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The Hearing stage is my area of expertise, although I have handled plenty of written arguments to the MESC Board of Review. This hearing is an Administrative Law Hearing. In most simple terms, this means that the hearing is under the authority of the Governor rather than under the Judicial Court System. The Judge for this Administrative Law Hearing is called an Administrative Law Judge (ALJ)

I want to give you some information about what happens at these hearings. The ALJ is not limited by the decision of the UIA. So, the ALJ can reverse the decision of the UIA. The ALJ can give a Claimant his benefits or take them away if they have been already been given.

Let’s say that you have gotten your Unemployment the whole time. Then you get a Hearing before the ALJ. Just because you have gotten your Unemployment Benefits up until your Hearing does not mean that the Judge will find that you deserve them. If the Judge decides that you do not deserve your Unemployment Benefits, the Unemployment Agency will ask you to pay back what you have received. It is the sad case that I have seen people get their unemployment all the way up to the Hearing. Then the Judge decides that the Claimant did not deserve the benefits. Then the UIA asked for the entire amount back. This amount can be in the thousands of dollars range. Of course, this would be a great hardship for anyone to face. You should have an ADVOCATE (a free service) for your hearing so this is less likely to happen. Fortunately, there are a few more steps that someone in this situation can take (appeal to the MESC Board of Review or request a Waiver of Restitution).

The reverse is also true. People have been denied their benefits by the UIA. Then when they get to the Judge, the Claimant proves why he should get the benefits. Then the Unemployment Agency sends them their benefits after the Judge’s decision is issued.

Why you need an Advocate on your side.

If you get an Advocate that works with the Michigan Advocacy Program, you do not have to pay anything for the Consultation or Hearing. Your Advocate is FREE!

The Hearing for the Unemployment Claim is not as formal as a traditional Judicial Hearing. But it does function on the same basic framework of rules of evidence and procedure. There is direct examination, cross-examination, exhibits, and even subpoenas. This can be a very stressful thing to undergo, especially if you do not have an attorney or advocate.

The good thing about having an Unemployment Advocate is that they have experience dealing with these things. They know the Administrative Law Judge, what he or she wants and expects in the hearing. The Advocate is experienced with the rules of Evidence as they are used in these hearings. He can also tell you what evidence will help you or which evidence might hurt you.

There are advocates (who are not licensed attorneys) that help people at Unemployment hearings in Michigan. Some people want to have an attorney for their hearing. That is understandable. Attorneys are highly trained and can be accomplished advocates. So, some people want to hire a traditional attorney to represent them at the Unemployment Hearing. Maybe you have an attorney that represents you in other proceedings. You trust him. You want him to help you with your Unemployment hearing too. There are two potential problems with that decision.

What you may not realize is that the Advocacy process for Unemployment Hearings in Michigan is specialized. And an attorney that does not practice in Michigan Unemployment hearings will not be as good as a non-attorney that does. Some of the best Advocates in the Advocacy Program are not attorneys, just specialists. Because they specialize in these hearings, they are better prepared for these kind of hearings than your favorite attorney that does not do them. There are plenty of attorneys in the Advocacy System, but like I said some of the best are not.

 

A Question of Trust.

Who would you trust more to help you if they had the same length of experience?

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What to Expect from Your Hearing.

The Judge is not going to tell you his decision the same day (in most cases). He mails it out. It usually takes about a week for the letter to get to you. You, your representative, the Employer, and the Unemployment Agency all receive a copy of the decision.

Your unemployment hearing will be recorded. So you need to remember to keep you voice raised. You need to speak loudly and clearly. Avoid “uh-huh” and “uh-uh.” Do not say “yup” or “nope.” If your recording is not clear, your may have to re-do your hearing. You do not want to do this for several reasons. One reason is that it is a lot of trouble and hassle to go through a hearing once, let alone twice. Another reason is that the Advocacy Program will not pay your advocate to come back to a re-hearing.

If you have a Telephone Hearing, speaking clearly is even more important. Sometimes the phone will cut off answers or questions if there is not a pause between the two. So, make sure that you wait for the entire question to be finished before you begin speaking.

If the hearing office is too far away from you, or if you have some kind of problem attending in person, you can ask to participate by phone. It is better in my opinion to do it in person if possible because it makes communication easier. The telephone hearing is an option though.

 

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Answer Questions Directly

You need to avoid long drawn out answers. If you give information that is not asked for, you may irritate or confuse the Judge. You do not want to do either of these things. Keep your answers as short and “to the point” as possible.

Example:

Question: “Did you go to the store?”

Wrong answer: “What happened is. .”   Noone asked, “What Happened?”

Wrong answer: “They told me to go to the store.” No one asked if they told you to do it.

The right answer is “Yes” or “No.”

People often want to explain a question before they tell what the answer is. Believe me, that will not help your case. In the least, it will frustrate the Judge. At the worse, it can make him think that you are lying because you sound like you are avoiding the question.

Also, sometimes you give the other side information they can use against you. Sometimes, the information does not matter. Sometimes it ends up being misleading. The best thing to do is trust in your advocate and let him get the evidence he feels is most helpful to you.

Once, I had a woman that should have won her case. The employer did not even show up. But she lost because she refused to answer a certain question in a straight forward way. The reason was that her husband had been in jail and she did not want to say that. The fact that her husband had been incarcerated would not have affected her case if she would have said it. But because she refused to give the answer, the ALJ (Ashford) thought that she was lying. So he found against her.

Do you trust your Employer to tell the truth about your employment?

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A Word on Evidence.

You can testify to what you heard and what you saw. You can testify to what the Employer or its representative told you. You and the Employer can admit to evidence any business record of the employer as long as there is no reasonable doubt to its authenticity.

You cannot testify (as a general rule) about what someone told you (unless they are a representative of the Employer.) If you want what your doctor told you to come into evidence, it is best to have your doctor testify for you. Some judges will allow your doctor’s letter to come in, but some will not. Doctor’s notes for attendance purposes will usually come in, but not if they were not written at the time in question. Some Judges will not look at a letter written by your doctor unless it was written at the time you were still employed.

If you need your doctor or any witness to testify, you can subpoena them. You can arrange for them to testify by phone or in person. If you are unsure whether they will come, but you need them, it is good to ask the Judge’s office to issue a subpoena. You will need to see that it is served (either you or hire someone else to serve it), in person or by first class mail.

A word on witnesses: I do not like to force someone to testify unless I am confident that they will tell the truth. Nothing looks worse than bringing them to court, and then they do not testify like you thought they would.

You can use recordings, audio or video, at a hearing, but you need to bring a copy in some standard format to the hearing to leave with the Judge. Also, you will need to bring a way to have it played and heard at the hearing time. The Judge, in most cases, will not help you with this.

If you want to subpoena someone, you want to have at least four business days for the court to issue and give to the party with plenty of time for proper notice.

 

How does the author know about Unemployment Hearings?

Andrew Grosjean is an attorney at law (licensed in CA). He lives in Michigan and has worked extensively with Michigan Unemployment Hearings since 2001. His wife, Glenda Grosjean, is also an Advocate for Unemployment (since 2004) and for Disability. They have dealt with all issues in the area and have knowledge of the ALJ's in the South-East area of Michigan. They have done arguments to the Michigan Compensation Appellate Commission (formally MESC Board of Review) resulting in decisions in favor of unemployed workers.

"My goal in this area is to do my best to make sure that people have their situations presented in the best possible light. I believe in justice and there is a Judge that we all must one day answer to. So, we should to do the right thing." Isaiah 56:1 "Thus saith the LORD, Keep ye judgment, and do justice: for my salvation is near to come, and my righteousness to be revealed."

If you are Claimant and need an Advocate for your Michigan Unemployment Hearing, you can have Andrew or Glenda Grosjean represent you for FREE. The Advocacy Program pays for the service. Just call Andrew at 313-729-9794. Or you can call Glenda at 313-729-9798.

If you are an Employer and need help with Unemployment claims, Andrew Grosjean can still help you. While he does not represent Employers through the Advocacy Program, Employers still contract with him to represent them at these hearings. He has unique experience in that he knows how Claimants usually win. He can help Employers prepare in a way that many advocates/attorneys are not able to.

He has been involved with Social Security Disability since 2009. He has successfully helped clients apply for their Social Security benefits and get them the first time they apply even though 80% are denied at the first application. He has also helped others appeal negative decisions and get their benefits that they should have received in the first place. Finally, he has helped many clients successfully present their case at the hearing stage as well.

If Andrew Grosjean takes on your Disability Case, there is no charge unless you win! It is a free consultation. Just give him a call.

If you need advice on how to File for Unemployment, Protest a Determination, or Protest a ReDetermination, take a look at this article: How to Get Your Unemployment in Michigan.

Detroit Hearing Office

Cadillac Place
Cadillac Place

A word on the different Judges in South-East Michigan.

Most of the hearings these days are being held by phone.

Some Judges are more friendly than others. It is not a judge's job to be friendly or personable. It is their job to be an objective fact finder. Whether they are friendly or not does not affect their ability to be fair and impartial.

DETROIT.

• ALJ C. Little: One of the longest serving ALJ’s in the system. He has been doing this for a very long time and has heard it all. Some describe him as “grand-fatherly.” He has a way he wants to do things. Do not argue with him. It will not help. He wants to ask most of the questions himself. Then he allows the agents of the Employer and Claimant to follow up. He can be hard with both Claimants and Employers during the hearing.

• ALJ Rattliff: Another one of the longest serving judges in the system. He is very knowledgeable. He will explain to you that he is a fair and an impartial finder of fact. He hears the case “de novo” (“from the new”) which means that he listens to the hearing from the beginning. This means that he is not limited by the decision of the Unemployment Agency.

• Other ALJ’s in Detroit: There are several other good judges in the Detroit office.

Detroit Hearing Office

A marker3024 W Grand Blvd., Detroit MI. 48202 -
3024 W Grand Blvd, Detroit, MI 48202, USA
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Cadillac Place

Southfield Hearing Office.

Southfield Hearing Office
Southfield Hearing Office | Source

Southfield Hearing Office

• ALJ L. Smith: A long serving judge in this system. She is meticulous and wants to make sure that she has all the details of the situation. She will go through a list of details even though they may not specifically impact your case. This is because sometimes they do impact a case and she just wants to cover it. She is concerned about making mistakes that might cause her to be overturned on appeal. So, she is very careful. She likes to ask most of the questions herself, although she gives the advocates the choice of beginning the questions. Her greatest irritations have to do with the quality of the recording, touching the microphone, shuffling papers, or talking to someone out of turn. During the beginning of the hearing, she wants the two parties to agree (if possible) on the terms and conditions of employment. So, she will tell you to speak up if you disagree with what the others side says about when employment started, ended, hours, shift, supervisors, etc. Be careful, however. This does not mean that you can speak up in the rest of the hearing if you disagree with the other side. After the terms and conditions are done, only speak when it is your turn.

• ALJ Douglas G. Wahl: He has been in the system for some time (since 2004). He first served as a contract judge and then a permanent one. Before working as an ALJ, he worked in the office of Appeals Interpretative Standards. I asked him what was the one thing he would want to say to people before they come to the hearing with him. His words were, "Be Prepared. Have you paperwork and witnesses ready." He said that often one side looses just because they do not have their proofs organized or with them.

• ALJ J. R. Wheatley: He has been doing these hearings since about 1999. Before that, he worked in labor law. Part of that time he was council for G.M. His pet peave is that he hates when people talk out of turn. He will say, “This is not a conversation. This is a hearing. .” He hates when people talk when it is the other side’s turn. But when this happens the most is when someone answers before the question is finished. Wait for the question to be done before you answer. And do not over talk the judge. I asked him what he would like to say to the parties before they get to the hearing. He said, "Listen to the question being asked. Confine you answer to the question. Be direct."

• ALJ Sewell: He is one of the longest serving judges in the system. He is “no non-sense” and wants things to be done quickly.

• ALJ Dahlquist: She has been doing these hearings for many years and does not like to play any games. Answer questions as directly as possible.

There are other newer ALJ's in this office.

Southfield Hearing Office

A marker25660 W. Eight Mile -
25660 W 8 Mile Rd, Southfield, MI 48033, USA
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Disclaimer.

This is an article with helpful tips for those that are facing unemployment issues in the state of Michigan. It is simply the personal opinion of myself and should not be construed as specific legal advice. If you are facing a hearing of this type, you should confer with a specialist in this area to analyze your specific situation and give you a proper opinion on how you should pursue your case. While the author has been authorized to represent Claimants through the Advocacy Program, and is a California attorney, Andrew Grosjean is not licensed to practice law in Michigan.

The opinions expressed here are that of the author. They are not authorized by or necessarily representative of the UIA, the Advocacy Program, or anyone else.

If you have any specific Unemployment questions in Michigan, feel free to call Andrew Grosjean. Any correspondence with the author does not constitute legal representation or an attorney/client relationship.


My Office

A marker26805 Van Born Rd, Taylor, MI 48180 -
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    • PastorAndrew profile image
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      Andrew Grosjean 10 months ago from Detroit

      I am very glad I could help.

    • profile image

      Advocate111 11 months ago

      I would like to thank Andrew for assisting me in my UIA redetermination and winning my case! He was always available to answer my questions. I highly recommend Andrew if you're looking for a UIA advocate!

    • PastorAndrew profile image
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      Andrew Grosjean 3 years ago from Detroit

      If the Agency decides that you at some point refuse suitable full time work, then you would lose those benefits from then on.

    • Rafael Toral profile image

      Rafael Toral 3 years ago

      I was laid off from my job in Michigan. I may have to move to a different state.

      If my old job eventually calls me back after I move would I lose my benefits?

    • PastorAndrew profile image
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      Andrew Grosjean 3 years ago from Detroit

      If it were me, I would refuse to resign in writing and keep a copy of the letter. If you are fired for attendance when your car breaks down, you will get your unemployment. But if you resign for the wear on your car, I had one client that lost on that. It would depend on the judge. Let them fire you, but make sure he calls in for each scheduled shift and tells them he can not make if because of no transportation.

    • profile image

      Julie Kiczenski 3 years ago

      We live in southeast Michiga. My sons's father has been working for a security company for over a year. During the year our son was diagnosed with autism and he now requires countless therapys. I have one car which he uses to go to work. His company keeps moving his site and is currently working 30 mins away and the drive is destroying my car. He has made his boss aware countless times that he needs to work closer to home, they even startd picking him up to go to work. But now his boss says he dosent has time for this and if he can't make it to work on his own then he will "except his resignation" and he will not recieve unemployment because he is denying a shift. This has left us speechless. HR is unresponsive. Tried to get FMLA but they still haven't responded. Needs Help

    • profile image

      Kevin R 4 years ago

      August 2009 - filed with the UIA, awarded 6 months of benefits. After 3 checks, benefits were terminated, employer told UIA I was a contractor. I appealed, denied again. I filed an SS-8 with the IRS.

      March 2013 - Got my SS-8 from the IRS, they said I was an employee. Went to the nearest UIA PRO and filed another appeal (denied due length of time that has passed), then filed a protest, and was told I will have a hearing with an ALJ, the date, time and location will be sent in the mail.

      I currently work at a job I got in October 2010. Since starting, they have garnished tax returns and wages to get back the 3 checks they originally gave me. Due to the lack of income in 2009, I lost my house to foreclosure. Since I have my SS-8 stating I was in fact an employee, what would your opinion be on worst, normal and best case outcomes for my hearing? (I understand that anything you say is simply opinion, and will not set expectations based on that, and get mad at you if what you say doesn't happen)

    • PastorAndrew profile image
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      Andrew Grosjean 4 years ago from Detroit

      With this kind of situation, it sounds like you need to appeal to Circuit Court. The MCAC makes some crazy decisions sometimes.

    • profile image

      Larry H 4 years ago

      My wife was was awarded unemployment benefits by the ALJ. MCAC reversed the decision. Under FOIA I acquired information from MCAC that they used additional information from the employer's Application for Appeal for their Findings of Fact. They refused the request for a Rehearing and Reopening when we showed "good cause." They are in direct violation of the law for accepting this information outside the scope of the ALJ Hearing. Seeking advice...

    • PastorAndrew profile image
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      Andrew Grosjean 4 years ago from Detroit

      You can protest those determinations on the waiver of restitution too. You can even get a hearing on that.

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      Jenny 4 years ago

      I was approved my unemployent, and then it as re-determined that I lose it. The whole system is unfair and does whatever it can to take money from people who rightfully deserve unemplyment. The platiff's lawyer talked to the Judge before and after my case. Do I feel I had a fair hearing and justice was served? A BIG NO! THE WHOLE JUDICIAL SYSTEM IS A SCAM! I HAV NO FAITH IN ANY JUDICIAL SYSTEM! UNEMPLOYMENT EVEN CLAIMS I OW THEM MORE THAN THEY GAVE ME. I tried to appeal it and do a waiver and was still declined! Thank you UNEMPLOYMENT FOR NOTHING!

    • PastorAndrew profile image
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      Andrew Grosjean 4 years ago from Detroit

      It usually takes about 2 weeks to get the money. However, if you need to talk to someone about it, you can down to one of the conflict resolution offices. There is still one open down at the Cadillac Place in Detroit.

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      nicmom 4 years ago

      I had my hearing on Nov 13, 2012. I received my decision on Nov 14, 2012. I won my case. How long does it take to receive the back money they owe you? I have been in the appeal and hearing process since Aug 2012. I have certified with Marvin every two weeks without fail. I have no phone to call. (Lack of money). I really don't know what to do. Pleae help

    • PastorAndrew profile image
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      Andrew Grosjean 5 years ago from Detroit

      Glad to hear we did win on that one. It was the right decision.

    • profile image

      Richard Bayne 5 years ago

      I have not recieved my decision yet, but after having Andrew as my advocate at my hearing, I'm confident that I will win. I was very worried that having a state paid advocate would work against me. I was very wrong. Andrew's abilites in my hearing were impressive to say the least. To those of you out there in my my situation and struggling as I am, please help yourself and call Andrew. Thanks to him, I can sleep again, not worrying about myself and loved ones being on the streets. If you decide not to get Andrew as your advocate, good luck, you will need it!

    • profile image

      Richard Bayne 5 years ago

      I have not recieved my decision yet, but after having Andrew as my advocate at my hearing, I'm confident that I will win. I was very worried that having a state paid advocate would work against me. I was very wrong. Andrew's abilites in my hearing were impressive to say the least. To those of you out there in my my situation and struggling as I am, please help yourself and call Andrew. Thanks to him, I can sleep again, not worrying about myself and loved ones being on the streets. If you decide not to get Andrew as your advocate, good luck, you will need it!

    • PastorAndrew profile image
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      Andrew Grosjean 5 years ago from Detroit

      I would say about 2 weeks.

    • profile image

      dreamtropical 5 years ago

      Thanks A Million!

      Pastor Andrew God is really using you to be a voice for the people. I did receive my decision it was reversed in my favor. This was a long battle but with the Lord and your humble voice we WON! followers please listen and keep all emails, letters from employer or any documentation that will help you. Pastor Andrew, I pray that God continue to bless you and your family . Remember listen to Pastor Andrew . Good luck to all of you.

    • profile image

      Sunny 5 years ago

      How long does it take to receive payment after the determination has been reversed by the Administrative Law judge?

    • PastorAndrew profile image
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      Andrew Grosjean 5 years ago from Detroit

      It is amazing how far back some of these claims go. That is what happens when the government gives all the extensions that they have.

      You never know how long it is going to take for the Appellate Commission to decide. Unfortunately, it is just a waiting game.

      You can always give me a call.

    • profile image

      SHERRI 5 years ago

      HI PASTOR: THANK YOU FOR BEING HERE FOR US. I HAVE FILED MY APPEAL TO THE MICHIGAN COMPENSATION APPELLATE COMMISSION MORE THAN 50 DAYS AGO. THIS IS BECAUSE MY AFFIDAVIT FOR FINANCIAL HARDSHIP WAS DENIED AND I DONT EVEN HAVE A DOLLAR SO I DONT KNOW WHY IT WAS DENIED ANYHOW, I AM ALSO APPEALING THE DENIAL OF BENEFITS THAT SAYS I OWE THIS RESTITUTION OVER 10000+ FROM 2009 BECAUSE MY CLAIM WAS LEGITAMITE BUT UIA DOES NOT CARE WHAT I SAY, JUST WONDERING IF YOU HAVE ANY IDEA HOW LONG MCAC USUALLY TAKES TO DECIDE THESE APPEALS....I KNOW THEY WILL PROBABLY DENY IT, BUT AT LEAST I WANT TO KNOW SO WHEN I DO GET WORKING, WHICH WILL BE ASAP, I DO NOT WANT MY WAGES GARNISHED FOR THE ENTIRE YEAR!!!! IF YOU CAN GIVE ME ANY ADVISE I WOULD GREATLY APPRECIATE IT. THANKS, SHERRI

    • profile image

      Gail Jones 5 years ago

      Hi Andrew, I have gone through the whole nine yards with UIA and been turned down. I did a waiver of restitution by was denied so I sent another because I had not answered two questions. Now I'm at the hard part of decideing to go to Circuit Court with oweing $5,800 to UIA and having to pay an attorney $2,000 for court cost to represent me I am truly worried this has been on my mind for over a year now. I can't fully decide if I should go ahead and appeal to Circuit court my attorney is Edith Willenbrect she is good but so far I've had such bad luck I hate to lose $2,000 then still owe $5,800.

      The day of my hearing in April, 2011 ALJ Ashford ruled against me on my way out of court I can still see my employer laughing in my face because he knew he won he won because he lied and did a complete defimation of my charcter in a summation (what a great man) pray that my husband and I make the right decision. Thank you. Gail Jones

    • PastorAndrew profile image
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      Andrew Grosjean 5 years ago from Detroit

      You can always email me by just sending feedback to the author of the hub.

    • profile image

      Kelli 5 years ago

      Do you have an email address?? I need some help, guidance, and an advocate...in Lansing, Mi...

    • profile image

      Carrie 5 years ago

      Hello. I have been fighting for unemployment for almost 3 years now. I was misclassified as an independent contractor and it took over 2.5 years to get in front of an ALJ who quickly ruled in my favor, as I met all but one of the terms of being an employee under the tax law. My former employer even agreed on all the questions pertaining to my classification. My issue is that I had someone in charge of my file that was/is extremely incompetent. This person lost my file on at least 3 occasions, lost documents, claimed documents never reached the office, and did absolutely no investigation regarding my claim. During the ALJ hearing, it seemed that this person had absolutely no idea what they were doing. The representative she had with her even agreed with this after the hearing, in talking with my lawyer. It has been the most stressful and heartbreaking few years of my entire life. Because of being denied, I lost everything I owned, had nowhere to live for a short period of time as well. We are waiting to hear whether I have to go back to Judge Little now that the ALJ has ruled in my favor. I am wondering if anyone else out there has had a similar situation with the UIA being neglectful of their claim. If so, is there a forum somewhere where we can vent and discuss our situations? Is there anything that can be done due to this workers incompetence? Thank you for any help or guidance you can give. Thank goodness for people like you helping people like us through this incredibly stressful and confusing process.

    • profile image

      UnemploymentJustice 5 years ago

      I recently lost my unemployment hearing in the city of Detroit. The ALJ's decision said, and I quote,"employee did not give sommeone with sufficient authority a chance to correct the situation." I'm not sure what that means as I made my complaints known to 2 supervisors and a general manager was aware of the issue. I gave them six months to 'correct' my problems and they went unanswered and ignored. I told them I would leave if things did not change. When they didn't I left. I was considering a rehearing, but would my ALJ grant one? I testified to all this, and my employer stated they were aware of a problem. I think I might be better off with the board of review.

    • profile image

      Lillyana 5 years ago

      Hello Pastor Andrew,

      I'm praying you can help me because I'm really at a loss for words right now.I have been getting unemployment for the past year and it just came time to renew my claim,I did some part time work through a temp service well that being said I did not make enough for a new claim so I went back on my EUC.I get a letter 2 days ago that the temp service is protesting and we are skipping the re-determination going right to a hearing.I called to see why they are doing this because I don't even have an open claim with them and the UIA rep tells me anyone at anytime can contest my unemployment,she also tells me that they are saying it was for job abandonment.Now a little back story I lost my home during the time I was working for them and my grandfather passed away so there was no one to take care of my grandmother she told me I could move in with her which was 40 miles away but at least I wouldn't be sleeping on the streets.I called the temp service and told them about what was going on they said they understood but if I missed work the company they sent me too would not hold my spot.I told them about not having a place to live and they said they would work it out for me so I was off the 3 days they told me to take then I get the call not to report back because my spot had been filled.The Lady I spoke with said when and if I ever move back into town they would help me get something then.I don't know what to do I have a hearing with Grant on the 30Th and the person who is representing me said my chances don't look good but I just took the time off they told me I could have please help any advise anything would mean so much more than you could ever know.Thank you in advance and God bless.

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      Andrew Grosjean 5 years ago from Detroit

      Don't be discouraged. I have seen folks with the slightest chance of winning actually win. Yes, I have seen those that I thought for sure would win actually lose. But plenty of people do win. It depends on your issue, facts, and the judge.

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      sue483 5 years ago

      I have a hearing tomorrow in southfield and an attorney I was chatting with not to long ago told me that anything in favor of an employee is always rejected no matter what evidence or paperwork you have. So why do we bother? Is this just so they can cover the bases? I applied for a financial waiver and was declined. I have no job, no money, health issues, medical bills, and my husband only found a minimum wage job. Need help desperately, but the State doesn't care either despite them saying they help their citizens. Okay, I'm ranting, but I'm frustrated with this system. They already have slandered and libeled my name and now I get only disrespect.

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      Kristen 5 years ago

      I was woundering if you could tell me... what Rule 421.1309 means n why my hearing was canceled?

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      Andrew Grosjean 5 years ago from Detroit

      If you relied on the statements of the UIA agent, that can be good cause for not reporting. Protest until you get a hearing. Then you will be able to tell the ALJ what happened.

      The good news if that even if you lose, you will get the week back because it is tacked onto to the end of you eligibility, if you are still unemployed.

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      medman 5 years ago

      I was confused about my reporting date in the MARVIN system, and called in five days late, causing me to miss one pay period. I requested a determination, and showed evidence (printed page from web site) thst suggests monday as my call day. I just recieved the response, and it states "Per MES Act 28(1)(A) it is found that you did not certify as directed and you are ineligible for benefits" Is this a lost cause? I honestly did not know my call time.

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      Andrew Grosjean 5 years ago from Detroit

      Usually, you want to avoid personal pronouns in formal writing. But if you call yourself "Claimant" it is so impersonal. So, I try to use "Mr. So-and-So" or "Miss. Person" to just to remind the reader that there is a person here that needs help. They are not just another number.

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      gkufan 5 years ago

      Just curious if you are writing a appeal to the board of review do you put your wording in "I" language or use the word claimant when referring to my issues/disputes? Also is it better if it is typed rather than being hand written? We have to reply by the end of next week.

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      Andrew Grosjean 5 years ago from Detroit

      Nansmith: If you need an advocate/attorney past this, you would have to hire them. But most people do not do that. If you want to talk about it give me a call.

      Katie: willful or wanton misconduct are the words that always go with the situation when you are fired. You never know what the employer told the agency until you get the media file. Those are things that you sort through when you get a hearing

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      Update Katie 5 years ago

      Now the person from UI called back at 8:30 am this morning requesting more info on my second employer, dates of employment, reason for seperation and so forth, I did as she asked again. Now I guess it's just a waiting game, I hope she gives me response in my favor as quickly as she's been asking me for information regarding my appeal,is that possible?

      can I get granted money on my UI card now, or does she have to wait for my two former employers to appeal as well??

      This is madness, and I will keep both of you posted. They make you feel like you've committed a federal offense with all the paperwork they require, I worked 14 years and never once have I collected unemployment, or welfare.

      I told her in my reply i never willfully ... whatever the statement was..went against my employers policies w/o just cause.

      Important question in my original denial on the very bottom it said I willfully performaned misconduct in work performance. Above that it said attendance policy, are they two in the same, or is this employer saying i had poor work performance??????? b/c that was never eva mentioned on the phone,or the summary of denials. Just wondering b/c I did not address that issue I addressed was was in the summary misconduct due to attendance.

      Thank You Again.

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      Please Help 5 years ago

      I faxed my redetermination of UI Friday the 25th, and they called for more information on 11/28/11, there moving fast which is great, because I'm broke, they called and asked for more information which I faxed over it says my appeal #1 was filed on 11/25/11 and my scheduled appt is N/A, what should I expect next ? Will it be a telephone appeal or a re-determination of benefits? it's in Nevada, is redetermanation the same as appeals in court? I do not want to go to court.

      Thanks alot.

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      Katie 5 years ago

      Hello Pastor Andrew,

      I have recently faxed my redetermination letter to unemployment on 11/25/11, my new adjunctor called me for more info regarding my next to last employer, so I faxed her that information as well, she is moving very quickly on my redetermination which I am suprised, but I did plead in my letter for emergency Redetermination, if that even matters b/c I am going ot be evicted. What should I expect next? will they just mail me a letter with their final decision or should I expect another phone call? online it says my claim was filed but date says N/A, I guess b/c I am not going in front of a judge, btw I live in Nevada.

      My Redetermination is b/c of my attendance at my last two employers, I have been suffering with mental illness for a year and a half, different psychiatrist, different medications which caused adverse reactions, it wasn't safe to go to work and out of my control. Is this going to be considered for "just cause" in my redetermination?

      Thank God, I am so much better now being on new medications and finally getting a psychiatrist who can understand me, I am willing and able and searching for work.

      What will happen next?? The adjunctor said she needed the additional info faxed by Wed, 12/1/11 before 1:15pm, I did so already, will she make her DECISION FINAL ON WEDNESDAY??? I hope so in my favor.

      Thank You and God Bless.

      Let Go, Let God...

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      nansmith 5 years ago

      I won my telephone hearing in July 2011 in front of ALJ Howie November 15 2011 I received a notice and transcript that my ex-employer appealed the decision on 08/11/11 and that I have 20 days to ask for an oral hearing. I called my advocate in the case and was told she could no longer help me a this point. That I would not be given an advocate at the appellate level. I was told if my employer ask for a new hearing that I would have to hire someone at my own expense. Is this true? I'm already under employed I can't afford to pay a lawyer. This seems so wrong that a employer that can afford to have someone on their side and than use it against you. I'm really scared. I was also told if I lose I will have to pay back my unemployment. Have often does the appellate broad overturn a judges decision?

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      Andrew Grosjean 5 years ago from Detroit

      I have seen this quite a few times lately. But in each case, there was no fraud determination. I have been dealing with that issue frequently too. If you want me to help, give me a call. Before you get a hearing, all I can really do is sort through the paperwork to help you understand what is happening. But once you get your hearing, I can help you there for sure. Each case like this where they pay on a previous claim in stead of opening a new claim, we have one. As far as the fraud, you need to find out why they called it fraud. Feel free to give me a call.

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      Paula 5 years ago

      Hello,

      My husband's entire company was moved from full time to part time two years ago. He was told he could file for underemployment.

      He has been reciving benifits for most of that time. He called in and filed with a live person each time he had to renew. In each case THEY verified his income on their end because they had his employer data.

      Now he gets NOTICE OF RESTITUTION letters saying he owes over $6,000 for fraud because it should have been an original filing instead of an extenstion. Aren't they the ones in charge of how the claim is filed when he calls in?

      We sent a letter over a month ago to ask for a redetermition and the only response we have is two letters wanting $250.00 a month payments or they will garenshee his wages and take our tax returns. Why should we have to pay this if we are fighting errors they made?

      We had called and were told that they would put the collection action on hold but they didn't. It took four people and hours to get even that much. One person actually refused to answer any questions at all.

      We are feeling quite helpless. Cant get help over the phone and they aren't responding through the mail unless it's to tell us we owe money.

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      Andrew Grosjean 5 years ago from Detroit

      She likes everything to be done quickly. She is a fair ALJ, but does not like to play games. She wants direct answers to the questions. Give me a call if you want me to represent you.

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      Justin 5 years ago

      I have a telephone hearing with L. Dahlquist for unemployment. What can you tell me about her. Also I will need an advocate, I will be getting a list to see the ones available. What should I expect? Thanks.

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      Andrew Grosjean 5 years ago from Detroit

      If you want help, it is always easiest to give me a call.

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      LordKnowz 5 years ago

      I am going through an Unemployment dispute and I need help. I was awarded benefits by a referee but they were appealed by the employer and stopped. I asked for a rehearing and it was denied by 2 of 3 people at the Board of Review. At the time of my orignal hearing the referee awarded me my benefits because the facts why I was fired were not proven. I alledgely threatened my supervisor but at the hearing he denied the so called accusations. I appealed to the Circuit Court and I need help with the case. I was just informed that i need to file a breifing for the Judge. Is there anyway you can help me with this time sensitive matter.

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      carol 5 years ago

      my husband was fired 2 months ago. The company said he didnt measure a part right and so they had to rework the part. He had a heart attack and every since then they have been trying to get him out of there. So they said this and his supervisor signed off the parts saying they were good to run. Everyone else measure the same way he did and they r not fireing them. The supervisor knows that they all measure that way but when it came down he sad he didnt know. My husband had been working there for 5 years and everything was good till he had his heart attack this year. In fact when he came back to work from being in the hospital from having the heart attack they had papers to fire him that they tried to give him. He didnt take them cause he was on flma. So they have been out for him since. He has been denied 2 times fir unemployment. Now what can we do? We r losing everything cause we have been without no income. Soon we will be homeless too. Please can u give me some advice.

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      Andrew Grosjean 5 years ago from Detroit

      MOMO. All you have to do is follow the instructions for protest on the back page of the ALJ's decision.

      Honda58, As far as I know, that is a straight numbers game. I have dealt with this a little. I would say, if you have some reason to think that the numbers are wrong, appeal. Sometimes the employer reports the wrong numbers.

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      honda58 5 years ago

      I was denied unemployment benefits because I did not earn enough money during my base period. Would it be worthwhile to protest a denial based on this reason?

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      MOMO 6 years ago

      Also the employer said that the proper break time is at 8:30 pm but this never applied to us before we always take multiple of breaks throught out the shift... is there some type of evidence that she was suppose to show the court stating the actual time that we are suppose to take our breaks, because we dont have to ask for permission to take our breaks

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      MOMO 6 years ago

      I wrote you a few weeks earlier judge little denied my appeal please tell me what steps to take in filing another one.

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      Andrew Grosjean 6 years ago from Detroit

      Judge Little can be very confusing sometimes. You always need to make sure that you speak loud. Sometimes he does not hear everything.

      He is very smart, but sometimes you are left thinking that he wants to fit your facts into his view of the story. The best thing to do with him is to be as respectful as possible and to answer the questions the best you can.

      I don't know what he will do for you. Sometimes you think you know what he will do and he comes out with the opposite. Sometimes, you know exactly what he is going to do because he makes it clear during the hearing. Best to just wait until you have the decision.

      If it is against you, protest. I have seen him be reversed. If it is for you, well, praise the Lord.

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      MOMO 6 years ago

      Hi I have read alot of your interactions with your viewers and I am quite eager to hear from you, because your inspirational!! I just had a hearing on Aug 29,2011 with C. Little in Detroit and its very true about what they say about him (grand-fatherly) Is he fair? I should have looked at this site before entering his court room, but since that day I just cant stop thinking about what his decesion will be! I was fired from work alledgely for leaving unauthourized and passing my badge to someone else. I worked there for two years and I only had one write which was in Feb 23, 2011 for clocking in early. It seemed like the judgement is in my favor but how he asks some of the questions were quite confusing. there were a couple of things in my favor being that i only had one write up and how come the superviser didnt warn me or suspend me before terminating me. She also told the judge that we are not allowed to pass 0ur badges to other employees... which she didnt cause she use to do so i thought it would be ok. well he bust her bubble and went to the handbook.. no such rule. As far as the leaving unauthorized I was on my break and I was late coming back 15 min. I think she just didnt like me anymore honestly and this was a reason to get rid of me. Can I sue the company for discrmination, because I witnessed plenty of wrongful acts taking place there, but I didnt say anything in fear of losing my job and becoming unemployed. This has put a damper on my life tremendously.... My car got repossed today!!!!

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      Andrew Grosjean 6 years ago from Detroit

      Amber, if you need an advocate and have not had time to get one, you can ask the ALJ to postpone. If he will not, then you can get the Board (now has a new name) to definitely give you more time.

      Janet, do not give up. The fact is that the UIA makes bad decisions all the time and the ALJ's reverse and give you benefits. Get an advocate and get your "day in court" so to speak.

      Dane, you have done what you needed, but there is nothing you can really do to speed it up. Unfortunately, you have to wait for the ALJ's response.

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      Dane 6 years ago

      I intend to call tomorrow, but I just had a phone hearing with judge k. Talbot. The hearing was scheduled at 3pm. Mynphone did not ring, I paid special attention that I was in an area with exceptional reception, but I ended up just receiving a voicemail, I returned the call at 3:03 and was placed on hold for almost 25 minutes... I called back several times and received no answer as to the decision or if the judge was notified. The next morning, I immediately sent a fax explaining the situation, and requesting another hearing, as the judges secretary advised...

      I've waited 3 months now for my unemployment, is there anything that I can do that could get this resolved in a more timely fashion? I am about to lose my apartment and have exhausted my other options. Any help would be greatly appreciated. Thank you.

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      janet 6 years ago

      came off a fmla in april. when called work to ay i had been okayed to return to work i was told i was fired as i had not kept up with paperwork.there were no full time positions in the store.when filed for unemployment they stated i quit. not true. i am single with a mortgage with no savings. i am not stupid. waiting for appointment with an aj.i nevedr received any paperwork from them. when asked store manager when i was fired she did not no. 5 days later i hear she was fired. sent registered letter to new manager asking for help in retaining my job back and never got an answer back.am i just fighting a losing battle here?

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      amber 6 years ago

      HI I WENT FOR a HEARING AND THE EMPLOYER DIDNT SHOW UP ALJ LITTLE RESCHEDULED THE HEARING FOR THIS COMING MONDAY Basically i went on maternity leave in december and was told to return 6 wks after i had my baby so i called my mangager and to let her know the doctor said i can return to work but didnt get a answer so i left it on the vmail so i spoke with her the next day and she stated that she only have 4pm-12am shift only available which the company knew my availabilty was 8am-4pm since i started working there so i started looking for the other jobs and got hired at nursing home working a day shift full time but end up getting fired so uia approved my elgibility for the nursing home but didnt approve it for the job before that but i filed in may so technically im suppose to be off leave cause i believe you have up to 12 weeks to be on leave so question since the company new my availabity and i didnt accept the 4pm-12am shift shouldnt i win my case.

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      Andrew Grosjean 6 years ago from Detroit

      This is a way that some employers try to cut of benefits, specifically, temp agencies and staffing agencies. My best advice is that if you have a solid reason for not taking in the job, document it. But you will probably see the employer protest your unemployment if you refuse the job offer. So, make sure you have solid reasons for refusing.

      Of course, if you try the job for less than 60 days and find it to be unsuitable, you can quit without losing your unemployment benefits. But again, have a solid reason why it is unsuitable and make sure you quit before the 60 days are up.

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      Al 6 years ago

      I was laid off at a company after over 20 years. Before my termination date there I obtained another job at that company requiring completely different and lesser job skills but took a pay cut of just over 25%. I worked that function for almost 4 months and was then laid off permanently. I now have a possibility of a contract job with a new firm for the skillset in the area that I worked in for 22 years. However, the pay would be less than 70% for that skillset/job I had for 22 years. However it is not less than 70% of the pay for the job I worked for 4 months. Also, for this possible job, the contract agency has told me people do not stay for more than 4-8 weeks because 'they go on to something better' which is hard to believe in Michigan, and that the last two workers for this position left one after 4-6 weeks and the other after less than 8 weeks. I am worried a) if I refuse this contract position I will lose unemployment and b) this contract agency does something so people who take this short term position will not get unemployment because the duration of work is less than required for the employee to get unemployment from the contract agency. I don't want to refuse an offer for work, but I also don't want to enter a situation that somehow does not seem straightforward. The agency told me today I could even 'start' without an interview, and that the work is very simple. I don't know if you can offer any information, but I would appreciate knowing more because this situation could lead to loss of unemployment benefits and then I would need a hearing! I want to work but I don't want to be caught up in a strange or defeating situation. Thanks so much if you take the time to read this, even if you have no knowledge of this situation, and Take Care Pastor.

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      Andrew Grosjean 6 years ago from Detroit

      I like Judge Disner. He is a nice guy and I find him to be fair.

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      Craig 6 years ago

      Just wondering what you've thought of AJL Disner in your past inteactions. Thanks alot Pastor!

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      Andrew Grosjean 6 years ago from Detroit

      McClinton is a lady unless there is a new one (which I do not think there is). She is a nice lady and I find her to be fair.

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      Renee  6 years ago

      Have you heard of Southfield's AJL John Mc Clinton and have any knowledge of him in hearings?

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      Andrew Grosjean 6 years ago from Detroit

      Well, just because you were fired does not mean that you were not entitled to the funds. You need to protest the decision if you still can. If you get a hearing, then you can explain what happened.

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      Andrew  6 years ago

      When I filed for my Unemployment I made a mistake on it and put laid off when I was supposed to put fired. And I received money that I was not supposed to get and now the UIA has wrote a redetermination saying I did it intentionally when I did not. I'm gonna now write a letter stating that I made a mistake and Im willing to pay the money I was overpayed but It was not intentional it was just a human error.

      So what will happen next will they take the intentional part off because I really did just made a mistake on my claim?

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      Thank You! 6 years ago

      Thank you for the scripture reference and words of wisdom! Do you have any knowledge or thoughts regarding ALJ T. Cartwright in Detroit?

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      Andrew Grosjean 6 years ago from Detroit

      It usually takes about 2 weeks to get you money when you win with a judge. This is a guess on my part based on what clients have told me.

      My comfort from a spiritual standpoint is based on the fact that God is going to take care of His children. Phil. 4:19 But my God shall supply all your need according to his riches in glory by Christ Jesus.

      He promises to take care of us. That means that even if we do not get unemployment, God will take care of things another way so that all things work together for the good of those that love Him and are the called according to His purpose.

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      Thank You! 6 years ago

      Reading through all the infomation on this page has been very helpful! It is great to see that there is a man of God out there quoting scripture, giving great advice, and willing to help people!! My question for you is, do you have any knowledge about ALJ T. Cartwright from Detroit? Also, do you have any particular scripture passages for me to read to keep me strong during this discouraging time? I am a christian and know that I am supposed to give my worries to God, release them and not take them back, which is sometimes hard to do. I know that the enemy is working at my weaknesses and I keep casting him out claiming the blood of Jesus saves me. Any words of advice or wisdom in both these areas would be greatly appreciated! Thank you in advance!

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      asizem01 6 years ago

      Hi. I just had a telephone hearing with ALJ Dahlquist out of Flint. This was over a job that I quit because I was being discriminated against. The employer was not present for the hearing. Does this increase my chances of winning? If so, how long before I find out, and how long will I have to wait to recieve all of my back payment? Thanks for your help!

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      Rob 6 years ago

      Hello Pastor Andrew, I just had a meeting in front of ALJ Ashford about my determination. I left a employer after a year and half for another job. I was laid off after two weeks with the new employer. Your site helped me with the determination and hopefully they rule in my favor. Thanks for the help!

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      Greg 6 years ago

      Any words on ALJ Grant out of Traverse city, Mi. ?

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      cassandra01 6 years ago

      Thank you for the follow up. I actually found a coworker willing to come with me to the hearing, or be on the phone with me if it is a phone hearing. She said she will testify that we all had access and she had accessed the folder in question and did not know we weren't supposed to either. I believe I feel much more confident about my chances now that she is willing to go with me.

      Cassandra

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      Andrew Grosjean 6 years ago from Detroit

      Lori, I would bring medical documents to show the condition and its affects. It may be best to bring your doctor to the hearing to testify.

      Cassandra, it does not matter why they really fired you usually. That is because, usually, you can not really prove why they really fired you if it is different than what they say at the hearing.

      What you need to do is just show that you did not know that you should not be on the file. The ALJ will want to cut through as much of the details to get to the simple question: "Did you do something you knew was wrong?" If you did not, you win.

      Thanks for reading Tamm and all.

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      Tamm 6 years ago

      Great site!!!! Got the info that I'd been looking every where for. I won my appeal and are waiting for the back pay check and reinstatement.

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      Cassandra 6 years ago

      I am currently fighting my former employer for unemployment due to what they deemed as misconduct. What I did was open a file that was viewable and able to be opened by all employees in my department. My former supervisor had the employee who was in my office when I opened the file write her version of events twice, once in her own words and a second time according to what the supervisor wanted included. I was told this by the former coworker, not the former employer - and was never allowed to read what the statement said or give my version of events. The former supervisor knew we had had access to the folder since we had discussed another file in the folder with her and at no time were we told we weren't supposed to have access. The file was not password protected and I opened it, not knowing what it was. After viewing the file momentarily, I closed out of it. I was fired because I did not tell my supervisor that I had opened the file (but the coworker in my office let her know that it was out there and maybe shouldn't be) and because I had been written up 3 years prior for viewing confidential information (from a usually locked cabinet left unlocked, I accept full responsibility for that lapse in judgment and was put on probation for a year) and the information contained in the file I opened was deemed confidential so I was fired. The file I opened and viewed contained information on employee sick time - how much had been taken and how much was left, including my own information. I have no evidence of this other than my coworkers testimony, but they are unwilling to come to the hearing because they are still employed with my former employer and fear losing their jobs. I believe that I was terminated for a number of reasons: I told my employer I was pregnant 2 weeks prior to being fired and my employer had a rough time with another pregnant coworker and I don't think they wanted to deal with it, 2. we had turned in a former supervisor for abuse and other issues and were told we needed to stop being so nitpicky and that if we didn't stop gossiping, they were going to fire the whole department (which they have now shut the department down, retaining only a very few employees), and 3. they were planning on closing the department and knew they would have to pay severance for all of us, so they saw an opportunity to fire me for misconduct and therefore hopefully not have to pay for unemployment. My former employer even had the nerve to thank me for my hard work when I was leaving the termination! What are my chances of winning at the hearing? I haven't gotten one scheduled yet, but I have requested one. Also, should I request an advocate or just go it alone since I have no evidence other than my word?

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      Lori 6 years ago

      Have you heard of anyone who was fired for falling asleep due to severe sleep apnea? Just wondering if there have been any successful hearings for that type of situation. Mine is coming up in a few weeks.

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      Andrew Grosjean 6 years ago from Detroit

      It is one of the ways that people fall through the cracks on this. The rule was made to help people who try to better their lives. But as they have applied the rule to so many different situations, it ends up getting redefined in ways that make no sense for other situations.

      When you get the decision on the waiver of restitution, if it is against you, you can appeal and see a ALJ on that. So, you may still be able to prevail. Always feel free to give me a call on the phone.

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      karen 6 years ago

      I had a part time job, quit and took another part time job and then got fired. I had an advocate and lost my case since the judge said I did not go from a part time to full time job, which the UIA knew from the beginning. They paid me anyway knowing this and now say I owe $3600. I filed a hardship form (I still am unemployed). How long does it take to get an answer? Also, is that true you have to go from part time to full time? I never knew this.

      Thanks

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      ex auto worker 6 years ago

      Got a notice of restitution due for overpayment of benefits. I accepted a buyout at one of the big three in 2009 and im still unemployed. They said the money was good for 80 weeks. I Plan to ask for a hearing on this matter because i was told i could collect unemployment due to the uncertainty of the automobile industry in 09, I was laid off more than working. Can I win this hearing.

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      Andrew Grosjean 6 years ago from Detroit

      The only way I know to get one is to go to a Problem Resolution office. I know there is one at the Detroit Hearing office. Other than that, I am sure that they could send you one if you wait on hold long enough. Other than that, I don't know. I don't know if it is on line.

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      Vince  6 years ago

      Hello PastorAndrew,

      I'm writing on behalf of my mother. On 1/11/11 she lost her appeal with an ALJ and was ordered to pay back her benefits. She was told she could apply for a Waiver of Restitution but she has not been able to find it online or get a hold of the agency by phone to get find the waiver. Any idea on where I could find it?

      Thanks.

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      Andrew Grosjean 6 years ago from Detroit

      Leaving to accept is a more difficult case to win than if you were fired. It can be done, but it needs a careful approach. I would suggest that you find an experienced advocate to go with you. If it is in Michigan I can help.

      Generally, you have to prove a problem with the employer that was under their control. You gave them notice of the problem and they did not fix.

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      Jerry 6 years ago

      I am going before the ALJ next month. I quit my job in a few months back without another job. I quit because I was harassed while on medical leave, and was regularly harassed prior to that. To be honest, I was stressed out and needed to quit. How do I present my case?

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      Heather 6 years ago

      Just a quick thank you for all you do! Now for the question, if a hearing is won in the favor of the claimant and the back money's don't come threw in a 4 week time frame after the hearing. What possibly could be the hold up! And is their any phone numbers whom I could contact pertaining to this issue? Thanks in advance!

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      Andrew Grosjean 6 years ago from Detroit

      He is a even tempered judge. He is pretty fair. He does not usually tell what he is thinking before he issues his decision.

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      Help 6 years ago

      Pastor Andrew,

      Any info on ALJ C. Lowther in Southfield??? Thanks for your help.....

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      Andrew Grosjean 6 years ago from Detroit

      Leaving one job to accept another is an exception to the general rule about voluntary leaving. If you leave one job to accept another, you can generally receive benefits when the other job falls through. But it all gets jumbled up when you start adding in the issue of an out of state employer. There are some cases that I remember, the person got benefits and others not.

      You can always give me a call at the above number for more specific advice.

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      needing help please 6 years ago

      I am getting ready to go before a ALJ. If I left my job in order to relocate my family because my husband was transferred to another state, do I or will I receive benefits? He transferred in January however when I found out we would have to move in Decemeber I immediately told my manager at the time that I would be looking for a position that would allow me to transfer. I checked the companys website daily for a position to open. However nothing was available. I was also in constant contact with the companys recruter for that area and met with a manager that had a position open. However the new position was not the same as the current position that I held at the time and I was offered a position of over $12,000 less a year than what I was currently making. In March I gave a months notice and waited until April before I left with still no positions available. Since I believe I made an effort to transfer with the company would I qualify? Thanks for your help.

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      Andrew Grosjean 6 years ago from Detroit

      With late filing, you can still get your unemployment as long as you can show the ALJ that the reason for the late protest was reasonable and was within a year of the decision. Moving is a classic example of good cause. You can always give me a call on the phone # above. I might be able to help.

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      stefanie west 6 years ago

      I filed my first unemployment claim after being steadily employed since I was 15 and am now 30. Right after filing I moved a family of 5 from MI to Ind where we knew no one (my husband was transferred for his job), moved into a 2 bedroom apartment and then to a home shortly after, rented out our home in MI, struggled emotionally with leaving my family, and watched my oldest 2 sons have complete meltdowns on a daily basis due to the move.

      With so much going on I missed my 30 day protest period after my claim was denied. I honestly had no idea that I could protest the decision and later was told by a friend who is currently collecting benefits. I understand and take responsibility for the huge mistake I made on my part but my main concern was my family as it always will be. I do not have the money in order to hire legal representation and I do not qualify for a free advocate since I am no longer a resident of MI and now reside in Indiana even though I worked and am filing a claim in MI. Do I have any hope of having the judge allow me to explain why I am now unemployed and is there any advise you could give me? Thanks for your help and God Bless.

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      Unemployed 6 years ago

      God Bless your heart! It is impossible to find FREE HELP AND ADVICED THIS DAY AND AGEs. Everything to these people is all about money...Money TALK B.S. Walk:(

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      Andrew Grosjean 6 years ago from Detroit

      http://www.dleg.state.mi.us/ham/mes/digest/mes_dig...

      This link is where you can see all the controlling decisions of the Board of Review. I am sorry to say I do not really know a lot about TRA and TAA. But take a look at this page. The decisions are divided up into categories.

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      Brent 6 years ago

      What kind of rulings have there been about collecting TRA while enrolled in TAA? (TRA is supposed to be funded differently and is eligible to workers in TAA training programs, but my employer says I am not eligible, even though Michigan Works told me I was at the time I filed for TAA)

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      cjammerider 6 years ago

      Thanks for such a quick reponse! We are holding a good thought that this Monday when he calls in, the recording has better news! Beyond that, I would hope we would have the back-owed money in a week.

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      Andrew Grosjean 6 years ago from Detroit

      People often ask, "How long to get my benefits?" I would say usually it takes about two weeks. At least that is what I usually get from the the Claimants that I speak to. It usually takes a week for the ALJ to issue his decision. Then it takes about a week for the UIA to take action. But beyond that, I could not really say.

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      cjammerider 6 years ago

      My husband had his hearing in Detroit 4 weeks ago. The Judge ruled in his favor, but when he called UIA, the 'judgement' was just sitting there and no one had pushed it forward - however, the nice young lady he spoke to did it for him. He is due about 24 weeks of unemployment and we are wondering when we could expect the checks to start coming again... any idea?

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      Andrew Grosjean 6 years ago from Detroit

      I actually wrote an article on what to do next: http://hubpages.com/hub/What-if-I-lose-my-Unemploy...

      Why not take a look there, or give me a call if you have any questions. 313-292-6280

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      moosh12 6 years ago

      Today was my hearing in Flint. It was a phone hearing. This hearing was regarding a restitution of $8,000. Needless to say, I don't feel that the hearing went my way. I had received a determination letter that stated that I was not entitled to unemployment in August 2009. At that time I was put back on a prior claim. Then in February 2010, I was contacted by UIA and told that I should have been on a claim from my previous employer. However, I never collected any money from this employer. All the money that I collected came from my prior claim and federal extensions. I explained all this to my advocate before the hearing. However, the hearing focused on the reason for my separation from my employer. The advocated did not bring up that this was a clerical error on the part of UIA. I have not worked for this employer for over a year and a half. If the determination of the ALJ does not go my way, what are my options? Additionally, I went before this same ALJ on August 3rd. That hearing was about the 19.5 weeks that UIA credited back to the federal gov't. That hearing should have involved my former employer. However, it did not. That hearing was in my favor. The ALJ ruled that it was a clerical issue on the part of the UIA.

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      Andrew Grosjean 6 years ago from Detroit

      If you are dissatisfied with your advocate, you can always send a letter to the Advocacy Program and tell them why. They will ask the Advocate for a response. If the particular advocate gets a lot of complaints, I think that the Advocacy Program will look at discontinuing their contract.

      As far as the money and the employer appealing . . . I would not hold your breath. While I have seen plenty of employers appeal, I find that more often the employer does not appeal. But if they do, it could possibly be months before you know.

      My advice would be, pay your bills. Most of the time, the Board of Review does not reverse a ALJ's decision. But if they do, you can always get a Waiver of Restitution for hardship.

      Pay your bills and thank the Lord for interceding for you.

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      scared 6 years ago

      My advocate was not availible at phone court. Wrong area code was on the letter. I noticed it at time of hearing. I had a good agument in place but my employer was not there. My advocate requested I give the judge her cell phone number to reach her. Well guess what she could not be reached either. I just got my decision and I won! This goes all the way back to May. It also says employer can appeal. I felt the less I said the better. I did not know what to say with out my advocate there. I answerd yes, and no to all questions then dicided not to add any other comments. I figured if I said nothing no one arguing the less chanch I would have of it biting me? I do not feel this advocate should be paid, she did nothing for me! But I am not going to spend any of the money until I find out if the employer is going to appeal either. I am way behind on debts and really need the money, but If she ends up winning I have no way to pay it back?

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      Krista  7 years ago

      Thank you so very much, your imformation on hearings did help me, hopefully this wed, @ 3 pm goes great for me but either way just wanted to say thanks . i am a firm beleiver in things happen for a reason. my thoughts and prayers are with you.