Get The Unemployment Benefits You Deserve
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 NachtLaw, 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.
What To Do If 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 they 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.
We Are Ready To Protect Your Rights
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.