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michigirl · Newbie Joined: 08 Jun 2007 Posts: 4 Career Advice: +0/-0

Employer says I quit, I say I was unfairly fired.

I loss when I filed then I won the re-determination and then loss at the court of appeals level. I then filed with the board of appeals. The decision came back that 2 out of 3 of the board members agreed with the employer after speaking with the admin law judge and decided to affirm the referee's decision that was based on credibility of my ex boss and myself.

The third member agreed on my behalf but dissented because the other 2 members affirmed with the appeal law judge.

I do not understand how they can only base the ruling on credibility? I am 25 years younger than my boss and I have never been in a position of authority. This person has been to many court cases for unemployment because of firing a person or making the work environment bad so they quit, and I have not even filed for unemployment before this. I guess they would look more credible than some person that has never been in this situation before.

I want to file a hardship because of the financial situation at the time I recieved the benefits and because the employer had the burden of proof and did not present anything new to the trial and the employers testimony was hearsay , and I had a physical witness that was present after the firing occured stating how we both acted and that the boss did not try to stop me from leaving. I took the help with faith that they had based their decision correctly at the redetermination.

I have returned back to work but I had to leave the field I work in due to the employer giving bad references and I have had to return back to school also in order to get into a new career and now I have those bills to pay.

Questions:
So how do I go about filing a hardship?

I thought if the board did not unanimously agree that the case had to be given to someone else?

If I do have to repay do they have a set amount or do they take into account the persons situation?

Thanks!

lexa10881 · Posted: Sat Feb 02, 2008 3:37 am Post subject:

http://www.cvtips.com/michigan_unemployment_benefits.html

Not really sure how you file a hardship, specifically, but maybe this will help? I am guessing you are from Michigan?

UC Help Center · Posted: Sun Feb 10, 2008 11:51 am Post subject:

I am also not sure what you mean by "hardship" Are you saying that you received compensation and the UC Board is requiring that you repay the money?

michigirl · Newbie Joined: 08 Jun 2007 Posts: 4 Career Advice: +0/-0

Yes I recieved unemployment for several months that they now want me to repay. I accepted the money after I won the redetermination with faith that unemployment made the correct decision in giving it to me.

My employer took me to the court of appeals, where it seemed they were very friendly with the judge. My representative said that even though my employers testimony was hear say that the judge must have based the decision on character.

My representative told me when I lost that I should file for a hardship because of severe financial difficulties at the time that I recieved benefits and that I took it it in good faith and followed all the rules and was actively looking for employment.

My representative was through unemployment for the trial only and can not help me any further and I am lost on how to file this. =(

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