job loss ISSUES

SCROLL DOWN for information concerning the following issues:

  • UNEMPLOYMENT INSURANCE

  • WRONGFUL DISCHARGE

  • WORKERS ADJUSTMENT AND RETRAINING NOTIFICATION ACT (WARN Act)

Strict time limits exist for filing for benefits and filing any complaints, charges and otherwise asserting your rights.  Consult with the involved agency and/or an attorney as needed to ensure that all time limits are met and that your rights are protected. 

Unemployment insurance

Rights

  • If you were let go by your employer or you had to leave your job due to circumstances beyond your control, you are likely entitled to receive unemployment insurance benefits from the State of Michigan.

  • In Michigan, file your claim with the Michigan Unemployment Insurance Agency.

    • Unemployment insurance benefits traditionally pays approximately 43 % of your prior wages, up to a statutory maximum amount for 26 weeks.

    • A claim should be promptly filed when job loss occurs (within 14 days of job loss).**

    • Be sure to follow all instructions on forms that you receive from the unemployment insurance agency and timely respond to all requests from the agency.

    • Protest/appeal any determinations against you if you believe that you have been wrongly denied benefits.

FILING A CLAIM:

  • Unemployment insurance claims are filed with state agencies. The MICHIGAN UNEMPLOYMENT INSURANCE AGENCY accepts claims through their ONLINE website and via the TELEPHONE.

    • The Agency is currently developing procedures and an application process for persons eligible for unemployment insurance by the new federal law, the CARES ACT. The Agency is advising: “The Unemployment Insurance Agency will release guidance regarding eligibility and the application process in the coming days. If you have already filed for unemployment benefits, you DO NOT need to reapply at this time.”

  • Claims may be filed ONLINE at the Michigan Unemployment Insurance Agency’s website.  Click here to file ONLINE. The agency is is currently accepting claims on a schedule based on the spelling of you last name. For Online through the agency’s website, the filing the schedule is:

    • Persons with last names beginning with the letters A-L: File on Monday, Wednesday, or Friday

    • Persons with last names beginning with the letters M-Z: File on Sunday, Tuesday, or Thursday

  • Claims may be filed via TELEPHONE, however wait times are expected to be long.  Call 1-866-500-0017 to file a claim. The agency is is currently accepting claims on a schedule based on the spelling of you last name. For Telephone filing the schedule is:

    • Persons with last names beginning with the letters A-L: File on Wednesday or Friday

    • Persons with last names beginning with the letters M-Z: File on Tuesday or Thursday

PERSONS OUTSIDE OF MICHIGAN

IMMIGRANT WORKERS:

  • The Michigan Immigrant Rights Coalition and Farmworker Legal Services in Michigan maintain a bilingual hotline to answer questions regarding farmworker and immigrant workers’ legal rights. Call 1-800-968-4046.

    La Coalición de Derechos de Inmigrantes de Michigan y los Servicios Legales para Trabajadores Agrícolas en Michigan mantienen una línea directa bilingüe para responder preguntas sobre los derechos legales de los trabajadores inmigrantes y trabajadores agrícolas. Llame al 1-800-968-4046.

  • The Michigan Immigrant Rights Center, Farmworker Legal Services, and University of Michigan UIA Clinic have prepared information concerning the rights of workers with DACA status to collect unemployment insurance benefits. See here for information in English and here for información en Español.

WRONGFUL DISCHARGE

Rights

  • In Michigan, persons have a right to a common law claim for wrongful termination from employment that is violation of public policy. These lawsuits generally required that there be a clear statement of public policy protecting the worker’s actions and a showing that the worker was discharged for taking actions protected by that public policy. Under some circumstances, workers may have a claim for wrongful discharge is they are terminated for staying home under during the current pandemic.

FILING A COMPLAINT

  • If you believe that you have been discharged in violation of public policy, consult an attorney who can further advise you of your rights.

PERSONS OUTSIDE OF MICHIGAN

  • Wrongful discharge claims are governed by state law. Consult with an attorney in your state to determine whether you may have a claim arising from being discharged while following the orders of public officials during the pandemic.

WARN ACT

  • The federal Workers Adjustment and Retraining Notification Act generally requires large employers (with 100+ employees) to give 60 days advance notice to workers in the event of a mass layoff or a worksite closing. The mass layoff or worksite closing must result in job loss for 50 or more employees and the job separations must occur at a single work location.

  • A number of states have mini-WARN Acts. These are state laws that similarly require advance notification of layoffs and jobsite closures. These laws supplement the federal law and commonly apply to employers with fewer employees and apply when a smaller number of job separations occur. See the WARN Act News blog for states that have mini-WARN Acts.

FILING A COMPLAINT

  • If you believe that you were discharged in violation of the WARN Act, consult an attorney who can further advise you of your rights.

On The Job issues
Injury, Illness & Caring for Others