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  1. #1

    Default Employer's Promise Not To Contest Unemployment After Contract Was Terminated

    My question involves labor and employment law for the state of: Michigan

    Hi Everyone!

    It looks like this is the place to go for advice about resignations and terminations.

    I have six days to make a decision between accepting a termination letter from a large employer in Michigan, or handing in a resignation letter--and having the termination letter (and the reasons for the termination) torn up.

    It's a tough decision, and I'm working through all the ramifications of it now.

    One element I'd like to know about it is this:

    What is the exact process for filing an unemployment claims? My employer has guaranteed not to contest the unemployment claim (there are no hard feelings on either side), but I'd like to know what the process is like before I do it.

    I'm in Michigan. Does anyone know what the forms will ask for?

    I'm most concerned about the reasons for the contract's termination. The reasons listed in the termination letter seem to pin the responsibility on me, though the reasons for dismissal aren't accurate in my opinion (as listed in the letter).

    What do I do about that?

    If the unemployment form ask for the reasons for the termination, and those reasons are in dispute, then what do I do?

    Also, just to reaffirm, the employer has guaranteed not to contest the unemployment claim--mainly because he (the main person involved) doesn't feel the termination letter is accurate either--and he's the one in-charge of the unemployment being contested or not contested.

    It's a strange situation. And I'm not sure what to do about it.

    Basically, the primary person involved in handing the termination letter to me has guaranteed that the employer won't contest the unemployment claim, yet the termination letter's language seems to pin the blame for the termination on my shoulders. And, if the termination is "my fault,' I'm under the impression that I'm not eligible for unemployment benefits.

    So . . .

    1) Is the person's guarantee that the employer won't contest an unemployment claim a "between-the-lines" suggestion for me to claim the reasons for the termination were more benign than listed on the termination letter?

    Or 2) Is the person's promise not to contest the unemployment claim not worth a plugged nickel, because the official termination letter pins the responsibility on me, and hence I'm not going to qualify for unemployment anyway.

    Or 3) Is there some gray area or legal intricacy I'm not aware of that makes me eligible for unemployment--even if the responsibility for being terminated lies on my shoulders? (The "official" reasons are "unprofessional" work behavior and "not following supervisor's specific directions.")

    I only ask this because the person in charge seemed to assume that I'd be filing for unemployment, that I was worthy of unemployment, and--because of this--that they wouldn't contest the unemployment claim . . . *despite* the official termination letter pinning the blame for the dismissal on me.

    I'm utterly clueless about labor laws, and I'm just trying to understand what's all going on here--mainly to make an informed decision. And to make an informed decision, I need . . . information! :-)

    TIA for any input. This process is very murky to me, and I only have six days to sort through it --before I have to decide whether to accept the termination letter, or whether to resign.

    Best Wishes!!

    Casey

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

    Default Re: Contract Terminated--Employer "Won't Contest" Unemployment--Questions!

    You have posted this on at least three boards that I know of.

    The ONLY legally correct answer is, tell the truth as you know it. There is NO legal way to give anything less than the complete truth and still get benefits without those benefits being fraudulent.

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