Fighting For Fairness In Unemployment Benefits

At Hurwitz Law PLLC, we know how frustrating and disheartening it can be to be denied unemployment benefits, especially when you’ve done everything right. As employment attorneys, we are committed to standing up for those seeking unemployment benefits. We’ve helped numerous individuals across Michigan fight wrongful denials, navigate the appeals process and uncover employment law violations that may entitle them to even broader legal remedies. We can help you, too.

A System In Crisis

Unemployment agencies are overwhelmed by the number of employees claiming benefits, but unfortunately the system is essentially broken at times. Employees are being denied benefits for arbitrary reasons and without recourse much of the time because the agency is understaffed and refusing to audit its terrible practices.

What You Can Do If You’re Denied Unemployment Benefits

Our law firm is seeing a huge increase in unemployment benefit denials, and we have developed some best practices for those not receiving benefits:

• Do not give up! You will have to accept the fact that the agency is broken and that you will have to be persistent.
• If you did not commit “misconduct,” you should prevail.
• You will need to timely protest any erroneous determinations, and you may wait many months for a redetermination hearing – where you will likely prevail and receive your belated benefits.
• If you are frustrated with the process (which is inevitable), your state representatives have begun to offer “unemployment assistance” on their websites. Please fill out the form and work with them. They are doing awesome work!
• Even if you are not technically eligible for benefits and the agency paid you, try to avoid paying back overpayments based on a hardship defense. You will need to explain why the monies received by the state have been spent on necessities and that you cannot make repayments.
• Remember that the agency has the burden to show fraud. Most times the agency will not even appear for a hearing before the Administrative Law Judge assigned to your case, so you will not be found to have committed fraud.
• Beware of instances of identity theft.
• Perhaps most important is that many employees do not realize that their employers committed employment law violations against them during their employment. You should consult with an employment law attorney to make sure that you are not a victim of unlawful conduct, including wrongful termination, retaliation or wage violations.

Unemployment Law Ann Arbor FAQs

Families facing challenges after a divorce deal with financial uncertainties, including questions about unemployment benefits. Below are answers to common concerns, but keep in mind that each situation is unique. Working with an attorney can ensure you get accurate guidance tailored to your case.

How long can I receive unemployment benefits in Michigan?

In Michigan, unemployment benefits are generally available for up to 20 weeks. The exact length depends on the state’s unemployment rate and your work history. Payments are made weekly, but you must remain eligible by continuing to look for work and reporting earnings if you find part-time employment.

Once benefits are exhausted, there may be no extensions unless federal programs are active. An attorney can help if your payments are cut short or if your eligibility is questioned.

What is considered “misconduct” that can disqualify me from unemployment benefits?

Misconduct under Michigan law is behavior that shows a willful disregard for an employer’s interests. Examples often include:

• Repeated absences without proper notice
• Insubordination or refusal to follow reasonable instructions
• Theft, fraud or destruction of company property
• Workplace violence or harassment

Not every mistake or poor performance counts as misconduct. If you were terminated due to errors or inability to perform your job, you may still qualify for benefits.

Because employers sometimes classify situations unfairly, having legal help can make a big difference in protecting your right to benefits.

I received a notice of overpayment for unemployment benefits in Michigan. What does this mean?

An overpayment notice means the state believes you received more benefits than you were entitled to. This can happen if your eligibility was later questioned, if you made reporting errors or if the state made a mistake.

The notice will state the amount owed and whether fraud is alleged. Overpayments can result in repayment requirements, interest or penalties. Since repayment obligations can be significant, an attorney can help you challenge the notice if it is incorrect or unfair.

How long do I have to appeal an unemployment denial in Michigan?

If your benefits are denied, you generally have 30 days from the mailing date of the decision to file an appeal. Missing this deadline could cause you to lose your chance at a hearing.

The appeals process involves strict rules, deadlines and evidence requirements. Contacting an attorney quickly ensures the preservation of your rights, as timing is crucial.

Discuss Your Options Today With Experienced Unemployment Lawyers

If you have been harmed by your state’s unemployment insurance agency, please contact us to speak with a skilled unemployment law attorney. Call 844-HURWITZ or complete our online form. We can help!