Michigan Unemployment Benefits Attorneys
Helping People Obtain Unemployment Benefits
Nacht Law - By Your Side
Unemployment insurance provides temporary benefits to individuals who have lost their jobs, offering financial assistance to help people manage difficult times. These benefits are available to most terminated employees, but sometimes the agency responsible for determining eligibility for unemployment benefits makes mistakes.
At the law firm of Nacht Law in Ann Arbor, Michigan, we represent terminated employees who have been denied unemployment benefits. Our attorneys have an outstanding record of success helping clients obtain the benefits they need and deserve in a timely manner. If your claim for unemployment benefits has been denied, contact our offices today.
People who are denied benefits often accept the initial ruling without a challenge, surrendering their right to hundreds of dollars each week. If you have been denied benefits, you have the right to a redetermination and appeal, but you must meet very strict deadlines to preserve this right. We can help you obtain the compensation you need - come to our offices as soon as possible.
A Brief Explanation of Unemployment Benefits
There are generally two reasons why employees do not qualify for unemployment benefits - voluntary departure or misconduct.
- Voluntary departure: Frequently employers will attempt to make a forced departure appear to be voluntary - giving employees the opportunity to write a resignation letter or labeling the departure an early retirement. Even under these circumstances, an employee may still be eligible for unemployment benefits. Unless an employee truly has the option to continue working, the departure is not voluntary.
- Misconduct: To lose eligibility for unemployment benefits based on misconduct, there must be true evidence of misconduct, such as arriving at work intoxicated or doing things clearly contrary to the employer's interests. Poor performance alone does not constitute misconduct.
NEWSFLASH:
Special Emergency Extensions Temporarily Available to Michigan’s Unemployed Workers, But With Cuts Ahead
In response to spiraling unemployment numbers in states like Michigan, the Federal Stimulus plan included an extension of benefits called Emergency Unemployment Compensation (EUC), the first part being a 20 week extension upon the initial state benefit period. The second part of the EUC is an additional 13 week extension upon that. In addition, Michigan Governor Rick Snyder recently signed an extension of federal benefits for an additional 20 weeks through the rest of 2011. As a result, many current and future unemployment beneficiaries may be eligible for up to 99 weeks of unemployment benefits. The unemployment agency is responsible for notifying those eligible for the extensions when they are approaching the end of their initial claim. However, in the same legislation, Governor Snyder reduced the maximum number of weeks state-paid benefits will be available next year. Beginning in January 2012, Michigan’s state-paid benefits will be reduced from a maximum of 26 weeks down to 20 weeks. Under federal formulas, because Michigan’s maximum period will be shortened, an individual who is laid off after January 1, 2012, would be entitled to 16 fewer weeks of extended federal unemployment next year. Several of the emergency federal benefit extensions are also set to expire in January 2012, and there is ongoing debate as to whether these extensions will be renewed by Congress.
What to do if Michigan Unemployment benefits are denied or challenged
The Michigan unemployment process is complex and has many layers. The agency’s first decision is called a determination. After that the employer or the employee has 30 days to challenge the determination and request a “redetermination.” If either side is not satisfied, they are given an additional amount of time to request an appeal to be heard by a “referee,” typically an administrative law judge at the unemployment agency.
For both sides, the appeal will be the first chance to present evidence and take testimony. After the appeal, challenges may go on to a board of review and then to Michigan’s court system. The biggest mistake people make is to give up on the process too early or to allow deadlines to pass. Employees often lose their rights simply by missing the deadlines. Sometimes, employers succeed by continuous challenges and waiting for the employee to give up, after the initial determination or the redetermination.
Other times Michigan employees may lose because they did not prepare for the unemployment appeal, or they are not adequately represented when the get there. When it comes to an appeal, many employees lose because they are not prepared to give testimony at the hearing or they are not represented. Simple steps can be taken to protect unemployment appeal rights. The Firm’s employment attorneys are skilled at representing individuals in the unemployment process for a flat fee. Whatever happens, unemployment beneficiaries should never let their unemployment agency deadlines lapse without seeking qualified legal advice.
Unless you voluntarily left your position or truly did something that constitutes misconduct, you are eligible for unemployment benefits. We can help you obtain the benefits you deserve. Come to our offices to discuss your concerns with an experienced employment lawyer. Contact us today.











