 
1kielsondrive
Member
Username: 1kielsondrive
Post Number: 65
Registered: 08-2008
| | Posted on Saturday, August 30, 2008 - 8:56 pm: |    |
There must be a lot of people here that've dealt with the Michigan UIA appeals process recently. A friend is appealing a UIA decision to deny them further unemployment, meaning they'll be required to re-pay thousands, which, being totally unemployed, isn't likely to happen. My questions are these: has anyone advice on what to do in the appeals court? Are the advocates knowledgable and aggressive? Are there some advocates that are demonstrably better than others. Are there other websites or places to get reliable information about the advocates? We've read the books sent by the UIA. I'm concerned that the process is skewed in favor of the former employer. Any and all advice is appreciated, particularly information about the quality of certain advocates. Thanks |
Cambrian
Member
Username: Cambrian
Post Number: 1965
Registered: 08-2006
| | Posted on Monday, September 01, 2008 - 9:13 am: | |
Did your friend get terminated from his / her job through no fault of thier own? If yes, then the onus is on the employer to prove other wise and your friend should have nothing to worry about. |
Awfavre
Member
Username: Awfavre
Post Number: 286
Registered: 08-2005
| | Posted on Tuesday, September 02, 2008 - 2:50 pm: | |
1kielsondrive, I don’t know much about UIA advocates themselves & can think of no website giving info about the advocates. I worked on a case a few years ago where the employee used an advocate who did a fine job from what I could see.
Keep in mind a couple things. If you are using a UIA advocate, you are getting free representation from a person who is familiar with the system. The former employer likely is not. They’re either paying an attorney or a company rep to handle the hearing. That tends to balance in your favor – try to outlast your employer.
Towards that end, the appeals process is as follows (this is in general – there are always exceptions):
1) appeal of a UIA determination – goes to an ALJ (Administrative Law Judge)
2) appeal of an ALJ decision – goes to the Michigan Employment Security Board of Review
3) appeal of MED Board of Review decision – goes to the Michigan Court of Appeals.
In many cases, the employers drop their appeal after the ALJ decision (assuming it goes in the employee’s favor). This means you have to get a decision in the employee’s favor at some point in the process. Oh, & just because the initial determination favors an employer does not mean it is correct under the law. I’ve worked on cases where the UIA people didn’t understand how their own agency administers the law.
Still, I wouldn’t say the system is skewed in favor of employers. The law’s the law, & the facts are the facts, regardless of the party: bad facts make bad cases, & vice versa. Also, the courts have stated again & again the facts should be interpreted liberally in favor of awarding unemployment benefits. And, any disqualification provisions should be narrowly interpreted in favor of awarding benefits.
I don’t know the specifics of your friend’s case, but like Cambrian said, as a general rule, if an employee is unemployed through no fault of their own, they should receive benefits. On the other hand, if your friend committed misconduct, that might disqualify him/her. Also, if s/he is covered by the school denial period, s/he will be disqualified.
These cases are intensely fact specific, & you can rest assured the ALJs work very hard to make sure they get everything down so as to make an informed decision.
Good luck to your friend. |
1kielsondrive
Member
Username: 1kielsondrive
Post Number: 69
Registered: 08-2008
| | Posted on Tuesday, September 02, 2008 - 3:03 pm: | |
Awfavre, thanks so much for that. We appreciate it greatly. It certainly helps to clear up the process. My friend has been unable to get any clear and concise answers from the phone (Marvin) people or the supervisors at the UIA. In fact, they're highly resistant to transferring you to a supervisor, going so far, at one point, as saying that they're not allowed to do so. I believe the system is designed to wear you down. A couple of times I was incensed to the point of grabbing the phone and screaming. Didn't do it. |
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