Lost job, now having unemployment issues

[chrissramey]

What is the name of your state (only U.S. law)? MI

To make a long story short, I was let go from my job back in late November. They claimed that I violated a policy, of which I clearly did not. Unfortunately, there isn't much to prove that they are wrong and this being an at-will employment state, there isn't much that I can do about it.

Well, I just got a letter from the unemployment office saying that I intentionally misled them. My employer has stated that I was fired for violating company policy. And I reported that I was laid off. I know that I could have initially chose a better option for being let go, but to be honest, I couldn't get any other option to work on the web site when I opened the claim!

Now I have to answer the questionnaire so they can investigate. They ask if I was fired, why, the date, was I warned, etc. And then I have to submit paperwork proving my case.

If they find that I did in fact mislead them, I will be liable for 4 times the amount I was paid!

Any advice out there? Yes, I was let go. But they never specifically said that I was fired. Just that they terminated my employment. And like I said, the reason was total BS. The proof they provided was totally wrong. But, like I said, this is an at-will state. So, it doesn't matter why, they can just let anyone go for any reason.

I could really use some serious input here. If my unemployment stops, and especially if I have to pay this back; I'm heading for bankruptcy.

 

[Hot Topic]

That you "clearly" didn't violate company policy is only apparent to you.

It's doubtful that you informed the unemployment office that you were laid off instead of fired simply because you couldn't find the correct option to mark when you filed. If you couldn't find the option, why didn't you seek help from the unemployment office before you filed?

An employer can use the word termination to release an employee because of a company wide reduction in staff. They can also say the employee was laid off. I was once asked if I'd ever been fired. I checked the box for yes, then went on to explain that my job was eliminated. No problem getting another job.

 

[chrissramey]

If you couldn't find the option, why didn't you seek help from the unemployment office before you filed?

I did...but after trying for nearly 2 hours, I gave up.

 

[HomeGuru]

I did...but after trying for nearly 2 hours, I gave up.

**A: so compare value of your 2 hours to the amount of $$$$ you got ( or 4 times said amount)from your UE benefits. Now do you see why you should have waited longer for help?

 

[cbg]

A few words on semantics:

"Termination" means that your employment ended. A quit is a voluntary termination. Firings, layoffs, redundancies, etc., are involuntary terminations

"Layoff" means that there is a reasonable chance that you will be recalled to work. Often incorrectly used to mean a firing for which the employee is not at fault.

"Fired" - you were let go for any reason initiated by your employer, when there is no reasonable expectation that you will be recalled to work. Does not always mean that the employee was at fault

 

[commentator]

Well, I understand why you may have had a problem getting the system to take your claim. In some states, only a "lack of work" claim can be done on the internet. The other claims, the "termination" claims must be done by telephone so that an unemployment claims taker can ask the pertinent questions. The thing you should have done when you couldn't get the internet claim to work with the honest option was to call and file your claim by telephone. NOT to lie about it.

Get real, you knew you were not laid off due to lack of work. That you couldn't "get it to work" isn't going to impress anybody. You committed fraud. Pure and simple.

Then your employer received notice you had been approved. They had a conniption fit and called and protested the benefits. They gave the information that you had been fired for cause. They have presented the information they have to the unemployment office.

The ajudicator called you and asked for the complete truth, your side of the story, as it really happened. They will, based on these two stories, make a decision whether you were or were not fired for misconduct, the violation of a company policy. If they have documentation where they warned you previously before you did it this last time, or if you violated a policy that was in the company handbook you had signed off on, they very likely will find that you were fired for cause. It will depend on how much documentation they have on the situation.

After the initial decision is made, there will be an opportunity for you to appeal the decision and have a hearing in which both parties will present evidence about the reason why you were terminated in the first place. Even if you were to win this decision, you still might be penalized some checks to make up for the fact that you drew benefits fraudulently for the first few months.

Your claim has stopped, no doubt. Keep claiming weeks of benefits, in case you were to win your appeal. But if you do not win your appeals, you will be judged to be overpaid for the weeks you owe. Up to four times the amount you drew, because this was fraud, not a simple misunderstanding. You may request and be granted a waiver which asks for detailed financial information and if they decide to, will waive your overpayment based on your inability to pay it. But don't insult their intelligence by pretending that you had no choice but to say lack of work on your application for benefits. That will just make them angry.

And yes, you knew darn well from the very beginning that you were not "laid off due to lack of work." Even if you disagree that they had a good reason to terminate you, they did it, and they did it for cause, and you knew they did it and that it was not a laid off due to lack of work which is a no fault termination. You stand very good chance to be found guilty of intentional fraud. Try to win your case from this point forward, ask for a waiver, but that's about all you can do.