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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 36977
Experience:  30 years in Employment law
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I am trying to get bet back unemployment benefits and

Customer Question

I am trying to get bet back unemployment benefits and for the second time I have been scheduled a teleconference and the UIA judge is a no-show. I try calling the unemployment office and always get the message due to heavy call volume... and I'm disconnected. What do I need to do?
JA: The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No. I'm currently waiting a second time today for my teleconference. Then I will do whateverit takes. If I didn't know better, I'd say they were simply trying to wait me out.
JA: Please tell me everything you can about this issue so the Employment Lawyer can help you best. OK. The Employment Lawyer will need to help you with this. Is there anything else important you think the Employment Lawyer should know?
Customer: not that I can think of.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Employment Law
Expert:  Ray replied 7 months ago.
Hi and welcome to JA. Ray here to help you today. All you can do is wait for the call and your phone hearing.You want to present that you were not terminated for cause, that you were not at fault here in the matter.You can set out your side of all of this.I presume your employer filed a response and challenged your application for benefits. If you give me more facts I would be happy to help you shape your response.Thanks again.
Expert:  Ray replied 7 months ago.
Give me your state too as well, thanks.
Customer: replied 7 months ago.
Michigan. I was deemed eligible, set up the account, then my father passed away. The date of is funeral, I was supposed to file my resume. So apparently, they wanted me to sit in their office rather than attend my father's funeral. I have been trying to speak with a representative since the end of February. From what I can see, it is impossible to speak with someone. I am new to unemployment. I filed in Tennessee in 2002, and in Michigan in the 1980's. Not exactly a repeat offender. Since I don't know how the system works I am being denied benefits from January 29 when I was laid off until March 7. I have now been scheduled for 2 different teleconference hearings to protest the ineligibility determination and both times I have called twice when I was scheduled. Both times I waited on hold for 16 minutes to be disconnected. I have called back a second time with the same results.
Expert:  Ray replied 7 months ago.
You have great facts here to present. You might want to submit his death certificate and if there was a funeral bulletin or his obit it would be good evidence.I know it is frustrating here.I am so sorry that your dad passed and I wish you the best.You tell the examiner that you submitted the resume as soon as you were able and have good cause for not doing so the date in question. Father in law is a hearing officer, they are pretty liberal in their decisions and you had good cause for missing this. Thanks again.
Expert:  Ray replied 7 months ago.
This may help you https://www.michigan.gov/documents/uia_UC1800_76144_7.pdf
Expert:  Ray replied 7 months ago.
The Administrative Law Judge begins by introducing him or herself by name, and makes sure he or she has the names of all the parties, witnesses, representatives, and attorneys. Hearings are tape recorded. Later, if a further appeal is taken, the tape recording is typed up as a transcript. It is the transcript that is reviewed at later levels of appeal. It is important for everyone to speak loudly and slowly, and not rustle papers or interrupt others, so that a good recording can be made. This transcript and the documents which are accepted as exhibits become the record of the hearing that is reviewed at higher levels of appeal. The Administrative Law Judge asks the parties and witnesses to stand and raise their right hands, and administers an oath or affirmation to each of the parties and witnesses, asking them to swear or affirm that they will tell the truth, the whole truth, and nothing but the truth. The Administrative Law Judge will then identify each of the participants in the hearing for the record, and will summarize the issue being appealed, and what the Agency's previous decisions were in the case.
Expert:  Ray replied 7 months ago.
https://www.michigan.gov/uia/0,4680,7-118-69844-78632--,00.html
Customer: replied 7 months ago.
I have already given them a copy of his death certificate. They state that is not just cause. I would love to tell the examiner my reasons but I have never been able to speak with anyone. I was scheduled for a hearing in April. I called and was on hold a minute before the teleconference. The judge was a no-show. I called back a second time and was disconnected a second time. I faxed in a protest and was scheduled a re-hearing with the same result. Judege was a no-show.
Customer: replied 7 months ago.
Is there a way to show my phone records to prove I was trying to call when I was supposed to?
Expert:  Ray replied 7 months ago.
Stay after them send in another if you have too.Also you want to emphasize it was the time you spent making arrangements and at funeral here, etc rather than just the death.There was more to it time wise you need to account for the whole day..
Expert:  Ray replied 7 months ago.
Keep your cool and stay after them.Lawyers are persistent, you have to be too here.
Expert:  Ray replied 7 months ago.
Sorry you h ave had all of this to go through in your life.I hope and pray better days are ahead for you.
Customer: replied 7 months ago.
"Staying after them" is just taking up time that could be used to find a job and it is accomplishing nothing. What is my next step?
Expert:  Ray replied 7 months ago.
Well you are still do a hearing here, the fact they didn't call is not your fault.You deserve a hearing on this issue and chance to testify about good cause.To me you have great facts.
Customer: replied 7 months ago.
So what is my next step?
Expert:  Ray replied 7 months ago.
You would have right to complain about hearing officer, this is not right.Your rights here are administrative.You would have right to sue them over a denial here again.But you want to try and get the hearing here hoping you get a sympathetic officer.
Expert:  Ray replied 7 months ago.
Step by step https://www.michigan.gov/documents/uia/G_-_Appeal_Process_387866_7.pdf
Customer: replied 7 months ago.
Thank you. I will try the advocate line.
Customer: replied 7 months ago.
I got a busy signal from the advocacy line just like the hearing teleconference.
Expert:  Ray replied 7 months ago.
Keep calling here, you need a hearing to argue good cause. You are welcome and the best. If you can positive rate it is always much appreciated.

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