Long story short I was fired from a job in Michigan in 2012 and collected unemployment benefits. The employer filed to have it stopped, a hearing was held in my favor and benefits continued. I found work shortly thereafter; and ended my benefits. I moved 2 times, and about 3 months ago received a letter stating I owe over 13,000 for past unemployment benefits. I called the number, spoke with a rude rep who mailed me a "history" of my account - I want to know my options
The nity grity -
*Fired 6/23/2012
*7/30/2012 Hearing held with Unemployment Agent - determined I am NOT DISQUALIFIED
*08/31/2012 Administrative Law Judge affirmed 7/30 determiniation
*09/11/2012 ALJ denied/dismissed rehearing
*09/25/2012 Michigan Compensation Appellate Commission affirmed the ALJ 09/11/2012 order denying rehearing but conclude ALJ's underlying 08/31/2012 decision be reversed -The letter goes on to say " Claimant is not disqualified for theft under section 29(1)(i) however, I AM DISQUALIFIED under misconduct, section 29(1)(b)
Obviously I am past my time to file an appeal on this, or request a rehearing what have you - but has the law been properly applied here? My concern is the employer requested an appeal regarding the rehearing being denied, and instead of having a rehearing they simply reverse the previous decision.
The incident in question that I was fired for
Employers version (summarized from the letter)
*6/09 store inventory was missing 2 tv's.
*6/10 I told a co-worker I was purchasing a Tv and already took it home
*6/23 - Spoke to district manager and said my brother was wanting the TV and wanted to test it first
*6/23 District manager found drawer $47 short - I admitted to taking it
*After discharge on 6/23 I returned the TV - it was stuffed in a box and was missing the remote which I later returned
My version of events (summarized from letter)
*Acknowledged to removing the TV, not on 6/9 but on 6/22 to complete a store to store transfer
*Denied taking TV for any personal use, or letting brother test it.
*Could not recall which store I was transferring to (mind you this was @ hearing 1-2mo after fired, I didn't know which 1 of the 6 stores in our area it was but said "probably the X store (biggest store in our area)
*Denied any knowledge of $47 missing - asked DM to check opening/closing log for cash counts as only 1 person has cash access at a time, the opener, and the closer, which I was NEITHER of in the 3 days before, or of termination.
*Paid the $47 on the spot because employer threatened to not give me my final paycheck, and contact the police.
Additional letter details
*The letter states employer failed to present any direct eyewitness testimony establishing that I took the TV, or the $$, yet they found they met burden of proving by a preponderance of the evidence that I was discharged for misconduct.
*States that my inability to pinpoint the transfer location made it un-credible - further more because the TV was opened (in the box) and missing a remote it seemed that I used the TV - Very common practice, we transferred open box (returned/display models) to the larger store (the one I said It probably was) very often.
*States underlying decision is reversed however ALJ did not abuse his discretion in denying the rehearing, they affirm the order denying rehearing.
*Says commission received a timely request to present oral arguments, they read and considered the request and conclude oral hearing is not necessary and have reached a decision. - I was never given notice of this request for oral arguments, nor did I have a chance to make my own oral arguments - and it seems the "things going against me" could have been clearly explained with said oral arguments.
Can I file any sort of appeal on this even though I am past my time?
Is it best to just file a waiver request for financial hardship?(single father 2 kids 25k/yr 2015 w2 income) HELP!

