Can I get Michigan unemployment benefits if I resign or quit my current job?
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Hello, I need a little assistance in finding out information regarding receiving unemployment wages in the state of Michigan. I am currently working for a company where blame was placed on me for negative job performance when it was NOT justified. At first I thought I would be fired, however, I have been placed on an "Performance Improvement Plan", and there is no sign that I will be fired soon. My question is this: I am an at-will employee, and as such can be fired at any time, for any reason, and at the same time can quit at any time for any reason. Now, if I were to resign (quit), can I still receive unemployment benefits from the state of Michigan while I begin a new job search? I expect it to take at least 3-6 months to find a new job, and just simply cannot continue coming to this workplace and being accused of wrongdoings I am not responsible for any longer. (I have an anxiety disorder, and the stresses of the situation are causing me health issues). To summarize: I've tried contacting the MI unemployment office and have received no answers of help. I have been told by relatives I must be downsized or fired to receive unemployment benefits. If I quit/resign as an at-will employee, can I still file for and receive MI unemployment wages, or does the company I work for have the right to contest unemployed status? If at all possible, I would love help prior to Thursday, the 31st. I have my next scheduled "Employee Improvement" meeting with HR and my manager that afternoon.
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Answer:
Hi druidblue: Thanks for the interesting question. Please keep in mind that we are not lawyers here at Google Answers, so none of our advice should be taken as "legal opinions." I've looked into your question about unemployment benefits in Michigan and it appears possible (but perhaps not likely) that you could receive benefits if you quit your current job. The following page has a great summary of the rules around "Voluntary Leaving". Bureau of Workers' & Unemployment Compensation http://www.michigan.gov/bwuc/0,1607,7-161-15544_16474_16475-37733--,00.html From that page, I quote: "What the law says: This issue is covered by Section 29(1)(a) of the Michigan Employment Security Act. The Act provides that if a worker quits a job without having a good cause 'attributable to the employer' (that is, the worker quits and the employer is not at fault for the quit), then the worker will be 'disqualified' from receiving unemployment benefits." So, in order to receive benefits, not only would you have to prove that the work conditions provided good cause for you to quit - but you'd also have to show that you had told your employer of your concerns and given them an opportunity to fix them. Have you done this? If not, quitting at this next meeting would be extremely risky to your benefits. (It also doesn't sound like, from what you stated above, that they'd be too receptive to this process.) "What court cases have said: Unemployment compensation cases say that before quitting, the worker must first tell the employer about the problem and must give the employer a chance to correct it. If the problem continues, and the worker quits the job, he or she would not be disqualified from receiving unemployment benefits (assuming the Bureau agreed that the employers conduct provided the worker with an acceptable reason for leaving). The worker must show that he or she left the job for a reason that would cause a reasonable person, under similar conditions, to leave the job." Now, if you can prove that their accusations of you are unfounded, then that, in my opinion, would give you an excellent basis for quitting and still receiving benefits (as long as you "warned" them). Otherwise, it might come down to a case of their word against yours. (However, if they cannot prove their accusations, that won't look too good on them either.) If you have written proof that these accusations were made (in the form of emails, letters, notes, memos, etc.) or if others in your workplace overheard these accusations, then that could go a long way to proving your case. If you make a claim and if the employer contests that claim (which they can and likely will, since a successful claim by you would cost them money), then there will be a hearing: "Proof at the Hearing: If either the employer or the claimant appeals the case to an Administrative Law Judge, the employer must first prove that the worker quit the job. The worker must then prove that the employer was at fault for the quit because of something the employer did, or allowed to happen, in the workplace. A statement at the hearing by either party is a form of proof. The statements at the hearing of witnesses may also be helpful in proving a case, since they give added weight to the statements of the worker or employer. Documents supported by testimony at the hearing may also be used as proof." OK. So the above information covers how the process works and what you'd have to do to defend your claim. Now for the not-so-good news: Timelines: Whatever happens with your claim, it will be some time before the state will actually makes a decision about your claim: "How long does it take to find out if I am eligible to get unemployment if I am laid-off? quit? fired? on strike? ... Quit or Fired 6 to 8 weeks" This 6 to 8 weeks is if things go "smoothly". If there has to be a hearing - then you're likely looking at a significantly longer period of waiting. So, as a short term cash solution while you look for other employment, quitting your current job and relying on unemployment benefits may not be advisable. Your Next Job: Another downside of quitting is that you will likely be required to earn additional money at your next job before being eligible for benefits again. "The bill also includes a number of new benefit eligibility restrictions that count severance pay as income when determining benefit eligibility, force some jobless workers to take lower paying jobs and require workers who voluntarily quit, refuse suitable work or are discharged for cause to earn more money in subsequent employment in order to re-qualify for benefits." From: http://www.miaflcio.org/Newsletter/May2002/UpdateMay02.PDF I hope this information has been of help. If you need any clarification of the information I have provided, please ask using the Clarification feature and provide me with additional details as to what you are looking for. As well, please allow me to provide you with clarification(s) *before* you rate this answer. Thank you. websearcher-ga Search Strategy: michigan "unemployment benefits" quit ://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&safe=off&q=michigan+%22unemployment+benefits%22+quit
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