Quit my job and collecting unemployement

[happy1240]

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

I quit my job in December cause I couldnt take it anymore where my coworker refused to talk to me. I am a custodian at a school. I worked during the day as the head custodian and he worked at night but we had about 15 mins where we were supposed to talk and discuss the plans for the night. He was great in the beginning when he first started and then he started working as a noon aide (which is a different company). He would come into work a couple hours earlier than he should of and would come back in my area while Im on my lunch and play with his phone. I told him he shouldnt be coming in so early and asked him why. He said he didnt have anything else to do. He got irritated at me and acting childish and stopped talking to me. No biggie I thought. He would have to talk to me to get instructions for work. I would make sure he would have the calendar and permits so things would go smoothly. Thats when things started changing where when I would come into work things were right. Leaving feces in the toilets etc. This went on for awhile and then I found out he was going to the principal for alot of things. I emailed my bosses of what was going on to have them come in and talk to him. No response. I would come in and would have to fix stuff he should be doing. Finally I got fed up and out of respect to the principal I asked if she would be ok with me having him transferred and told her the problem. She said she would not be ok with him being transferred. I was shocked. I have been there 27 years and he less than 1 year. He is in the spectrum of autism and has a walking disability. This is her field of "expertise". Her goal is helping the low income families and special ed. She told me to contact my company and have them talk to him. I said I have. She said she would have a talk with him and it did help for exactly one day and then he went back to how he was with me. So day after day the same thing. It sounds so childish. Not talking. When I made him talk to me he would stiffin up and give me a yes or no or ok. I figured sooner or later he would come out of it but no he would go straight to the principal and just eliminated me. And she enabled him to do this. My company did nothing. I emailed them about 3 times. Then we had conferences where he was to get the rooms clean. We never had a problem before getting them done and presentable. I came in and it was horrible. Rooms not vac. Teachers were complaining to me I told them to contact the principal (thinking let her see how he is) but nope again she stuck for him and sent them out a email if they had a problem with their rooms for them to contact me to clean their rooms!! I have been coming into work and gong home all upset. It was effecting me bad. So my husband told me to quit. So I did. Everyone told me to collect unemployment. I always thought that if you quit you cant collect. So I went in and filled out the paper work. On the sheet there wasnt anything there to "explain" why I am trying to collect. But they gave me the unemployment. About a month or so went by and all of a sudden my employer appealed the unemployment. Unemployment stuck by me and still let me collect. Again a month or so went by and today I got a letter stating that there is a phone hearing for a appeal. Now what? Should I get a lawyer? I am so scared. This is just a snipit of what was going on. I only had 2 more years till I collected my pension. That is what my plan was but having to deal with him I couldnt take it anymore. Cant find a job paying what I did cause my company has the jobs at the other schools. No jobs are going to hire me doing something else cause I have been doing this for so long. I have tried. Now I am working at Walmart part time cause they dont hire full time. What should I do???? I think this guy had this planned out for along time cause he wanted days and he knows our company is useless. Funny the bosses I emailed about the problem they shipped him out someplace else. Should I have been given unemployment?

 

[FlyingRon]

Having coworkers you don't get a long is not valid justification to quit your job. You can certainly apply for unemployment, but don't be surprised when you don't get it. Frankly, you were the one who appears to be acting childishly.

You don't get points for seniority or for thinking that a person with disabilities should be disfavored for some reason.

 

[eerelations]

Having coworkers you don't get a long is not valid justification to quit your job. You can certainly apply for unemployment, but don't be surprised when you don't get it. Frankly, you were the one who appears to be acting childishly.

You don't get points for seniority or for thinking that a person with disabilities should be disfavored for some reason.

She did get UI benefits and now her former employer is appealing the granting of those benefits.

OP, I think UI made a mistake in giving you the benefits in the first place. I also think quitting your job two years before your pension kicks in was an act of complete insanity. And finally, I agree with FlyingRon that you sure won't get points in the appeal because you expected an autistic disabled person to behave the way you wanted him to behave.

 

[cbg]

I wouldn't have given you unemployment in the first place. It's by no means unlikely that the employer will prevail on appeal, IMO.

 

[happy1240]

right

I agree to some points you have made. I was not making fun of his autistim and who knows if he even had autism. That was just stated by the teachers. According to the co worker all he had was seizures making walk differently. I was very foolish in quitting but it was very hard to work in the situation believe me. I had no intention of even going to unemployment cause I always thought you cant collect if you quit. But I was told otherwise and to go and file. So I did. No where on the sheet did it ask why or any space to explain. I was surprised myself when I was awarded. And even more surprised when they appealed and lost. Im filing because the employer DID NOTHING to help the situation when they knew. I asked for advise not to be belittled by your remarks. This was a childish situation. But I feel the employer has the right to do their job in not having a situation boil over like this. I did nothing wrong. Maybe you think I did and thats ok. I couldnt work under those circumstances and (no one should have to). Thank you.

Also, this is a privatized company. I did not lose my pension. I get to collect my pension once I turn 60. I wanted to work here till I turned 60. I thought my sanity was worth quitting but after trying to find a job I agree I was very stupid in quitting but you cant go back in time.

 

[>Charlotte<]

It is always recommended that you file for unemployment under almost any circumstances. As is often stated in this forum, the worst that can happen is that you might be denied so you might as well try. That being said, however, there is an appeals process for a reason. Until all appeals are exhausted you have to be prepared for a reversal. I'm as surprised as everyone else that the employer's first appeal was denied, and I'll be extremely surprised if they don't prevail this second time.

As far as your comment about filing because the employer "did nothing". They weren't required to do anything. Nor do you "have the right" to do your job without having to deal with that situation. You do have protections and rights under certain anti-discrimination laws, but garden-variety bickering with a co-worker isn't a protected status.

I'm all about parsing a problem, identifying the most important issue, and focusing on dealing with that. In this case, your biggest issue is the strong possibility that you're going to have to pay back the UI you've received.

 

[happy1240]

agreeing

Thank you Charlotte. Whats done is done and cant go back and at least Im out of there and if I have to pay it back I will. I believe things happen for reasons. Thank you for your response.

 

[Chyvan]

I was surprised myself when I was awarded.

You should have received a letter telling you WHY you got benefits. What did it say? There is probably a nugget in there to help you at your appeal hearing.

And even more surprised when they appealed and lost.

The employer didn't appeal. MI uses the REdetermination process. What was the decision from that go round? Again there may be a nugget to use at your hearing.

MI will provide free advocates for hearings, but you have to ask for one. If you don't want to pay back the money, get one. Many UI claimants have gotten them and so far from the threads I've read, they had great success.

Could be that you got benefits for no other reason than your employer was apathetic, or were late responding, and you got benefits by default. What are the issues to address at your hearing? Any chance that "timeliness" is one of them?

 

[happy1240]

employer

They did appeal but not right away and they lost. Ill have to look to see what the paper said of exactly how they decided but I wanted to say they didnt show any proof. I was totally surprised that they waited so long cause they do not want anyone to do unemployment. But the way they do business with no communication with anyone I think that is why the delay was.

I will look into a attorney I think cause they waited for half of my unemployment to do this and I used it for bills. They should of done this when it was appealed before. Why do they get so many chances to appeal?

Thank you for your reply this will help me alot. Whatever will be will be Im trying this think of this. Trying not to get all stressed out. Least Im away from that place. Alot happier. Broke but money isnt everything.

Ok I found my paperwork and this is what unemployment said:

You were subjected to discrimination which continued after the employer was made aware of it. You
gave your employer the opportunity to resolve the problem. Your leaving was with good cause
attributable to the employer.
You are not disqualified for benefits under MES Act, Sec. 29(1)(a).
Pursuant to Section 20(a) if an employer has established a pattern of failing to provide timely or
adequate information in response to Agency requests for the purpose of making proper adjudications of
claims/issues; the employer's account will not be credited for benefits paid prior to the date that the
protest providing timely or adequate information was received.

Also there was a phone number to call for a advocate for me. Thank you so much for this reply!!!

 

[commentator]

"I will look into a attorney I think cause they waited for half of my unemployment to do this and I used it for bills. They should of done this when it was appealed before. Why do they get so many chances to appeal?'

For goodness sake forget about getting an attorney for this reason! The appeals process is strictly time based, and it is totally possible that you should receive several weeks of claim money after an initial approval. The number of chances they get are set by federal law, so there's no way you can protest or appeal this. It doesn't matter how much you need unemployment or what you used the money for. You have to do the telephone hearing, and you should talk to the advocate they have offered you and let them help you understand how to go about doing this appeals hearing. But don't worry, until then, about them making you give the money back. If you were approved to begin with, and even if the decision to approve is overturned later, it is a non-fraud olverpayment, e.g an interest free loan which you very likely could get waived from having to pay back, depending on your circumstances.

But they do have the right to appeal, even as you would've had the right to appeal the decision if you had been denied.

 

[happy1240]

comentator

Thank you Commentator! I do feel better now. I did take their offer for a advocate and she did walk with me the process. Whatever happens happens. Im a worry wort. I worry over everything but Im better now. By this time next week it will be over with. Can I ask one more question please that I forgot to ask the advocate. After this phone hearing with the judge will this be the last process? Or can they appeal again?

Thank you everyone for your replies. If you like I will come back and give you the results.

Cheryl

 

[Chyvan]

Or can they appeal again?

Probably. Many states will offer a board of review appeal with a lone judge or a panel, or even both, but it's almost always in writing using only the record from the hearing, and why THIS hearing is the most important part in the process. If you don't get the evidence admitted and the right testimony on the record, it's nearly impossible to get it in for the next level. If the board of review appeal results in an adverse decision, the losing party can take it into the court system, and there can be more than one of those possible as well.

Statistically, this is the last appeal. Most don't go any further because it's much tougher to win the further you go.

 

[happy1240]

hearing

Well the hearing is over with and Im glad. Should get a written verdict in the mail in the next couple days. I thought we won but you never know. The employer had 2 witnesses both lied thru their teethe and didnt do a good job lying cause my lawyer brought it out. Why lie?? I dont get it. Do the right thing. One more thing happened that the judge was upset about was your not supposed to have each witness in the room with each other when they are testifying and they did. The judge caught them right off. hahaha So time will tell. My lawyer says they can appeal again after this. This is the 3rd time. When does this stop??? I have 8 more checks to get. Whatever the verdict is Im ok with that cause I told the truth. I believe the truth is always the best policy. Shows you who you are. World is filled with liars. Thank you everyone.

 

[commentator]

As you've been told, they've got a board of review hearing to go if they don't prevail in this one. Then either party in the matter could advance the case to civil court, though this doesn't happen very regularly. There is no need for you to do anything else if you are approved in this hearing, if they want to appeal the approval further, they can, but it's not for you to do. If you are denied, you would also have the right to appeal the decision denying, and you can certainly use the services of the advocate you used before if that happens.

The good news either way is that only after your appeals are exhausted would you be asked to repay the benefits, and since you were legitimately approved and qualified to draw by the system when receiving them, it would be considered a non-fraud overpayment, which means they would attach no penalties or sanctions. And if you are still unemployed you may be able to request a waiver or postponement of repayment of these benefits. At the very worst, you've had an interest free loan, and you may prevail in this hearing (and in their next appeal) and not have to pay the money back at all.

 

[happy1240]

order

I got the answer and I lost. My fault cause I did not show in writing why I quit. I never planned on doing the unemployment in the beginning but found out later I could so my fault I should of put the reason in my resignation. Live and learn.

What I am upset about is they lied under oath and got away with it.

But at least its overwith. Not going to appeal cause its true I did not put it in writing why I quit.

This is what I dont understand with the order so if someone could help me please. It says

The claimant is required to requality by rework under Section 9 (3). <---- what is this?

Thank you.