Results 1 to 8 of 8
  1. #1
    Join Date
    Jun 2017
    Posts
    3

    Default Unemployment Insurance After Former Employer Lied About Separation from Service

    My question involves labor and employment law for the state of: Michigan. I worked for the State of Michigan for 10 years. During my last week of employment, I was hospitalized. I called in every day. I received a letter stating that if I did not report for work by a certain date/time, I would be separated from service. I was unable to be discharged from the hospital by that time, and I called my employer and told them the doctor would not release me by that time. I received paperwork saying I "voluntarily resigned". Now, they're telling the Unemployment Office that I was a no-call/no-show for three consecutive days (which I certainly was not). How can they lie like that, and what can I do about it?? I need my benefits for the weeks I have been looking for work.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Former Employee Lied About Separation from Service

    Have your benefits been denied?

  3. #3
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Former Employee Lied About Separation from Service

    Quote Quoting sekha68
    View Post
    I called in every day.

    I called my employer

    I was a no-call/no-show for three consecutive days
    Print your phone records showing the calls before they get too old and you can't. They will be great evidence at an unemployment appeal hearing.

  4. #4
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Former Employee Lied About Separation from Service

    People lie all the time be they employees or employers though I am a little surprised that a state government employer would do so. The job of the UI agency is to figure out which party is most likely telling the truth and if the truth they find qualifies the employee for UI benefits under the state's law.

    So you need to do things to support your story. You can do this by providing proof you were in the hospital at the time and that you called in as your employer required. Phone records are one good way to do this. Also, if there was anyone in your room when you made the call like a family member a signed statement from them will help.

    If you want your job back...

    I assume you are full time and since you have been with the state I have to assume you are covered by FMLA.

    Also, are you represented by a union? They can likely help.

  5. #5
    Join Date
    Jun 2017
    Posts
    3

    Default Re: Former Employee Lied About Separation from Service

    As I understand the website, not yet - it says pending adjudication, but the part about "no-call/no-show" was just added today.

    I definitely have proof of my dates of hospitalization. I'm not sure if I can get any of the staff to vouch for my phone calls, as my hospitalization was a month ago, and no hospital staff would have actually heard my calls. I will have to call to see if it's at all possible to get copies of the phone records from the hospital phone.

    Yes, I was full-time, and I am looking into the FMLA thing, as I did not pursue that, because it was my understanding that I had already lost my job.

    Unfortunately, I was a non-represented employee at the time of my separation.

    If I can get them for the hospital...that would be nice.

  6. #6
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Former Employee Lied About Separation from Service

    Did you use your cell phone to make the calls. If so you have a record of at least calling the office. This will be enough to get the UI agency to believe you called in.

    I don't think it is too late to raise the FMLA issue. This hospitalization wasn't foreseeable was it?

  7. #7
    Join Date
    Jun 2017
    Posts
    3

    Default Re: Former Employee Lied About Separation from Service

    Quote Quoting PayrolGuy
    View Post
    Did you use your cell phone to make the calls. If so you have a record of at least calling the office. This will be enough to get the UI agency to believe you called in.

    I don't think it is too late to raise the FMLA issue. This hospitalization wasn't foreseeable was it?
    I didn't use my cell phone...it had been stolen in the event that led to my hospitalization.

    No, the hospitalization wasn't foreseeable.

  8. #8
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Former Employee Lied About Separation from Service


    1. Sponsored Links
       

Similar Threads

  1. Unemployment Benefits: Former Employer Lied to Unemployment Office
    By yojerms1977 in forum Employment and Labor
    Replies: 4
    Last Post: 04-02-2012, 12:19 PM
  2. Unemployment Benefits: Employer Lied to Unemployment
    By huggy51 in forum Employment and Labor
    Replies: 1
    Last Post: 06-30-2009, 06:17 PM
  3. Unemployment Benefits: Employer Lied To Unemployment
    By cafeworker in forum Employment and Labor
    Replies: 1
    Last Post: 04-12-2008, 09:06 AM
  4. Unemployment Benefits: Employer Lied On Unemployment Form
    By summertime in forum Employment and Labor
    Replies: 6
    Last Post: 05-02-2007, 10:08 AM
  5. Unemployment Benefits: Unemployment help where employer lied
    By truthful in forum Employment and Labor
    Replies: 2
    Last Post: 03-19-2007, 03:13 PM
 
 
Sponsored Links

Legal Help, Information and Resources