The Claim Through The Hearing - Each Step Counts
Monday, February 21, 2011 at 10:00PM
Mark Risk in Marvin help, Unemployment, Unemployment Lawyer, fired, lay off, traverse city unemployment lawyer, unemployment determination, unemployment help

After you file a claim it is important to remember to keep calling Marvin.  Marvin is the name for the computer system by which you report your information to the Unemployment Agency Marvin Stands for Michigan’s Automated Response Voice Interactive Network.  You could eventually win your claim but not receive any benefits because you have failed to report to Marvin.

There are a number of legal steps that may need to be taken in order for you to prevail on your claim and receive benefits.  First you file a claim.  You provide a statement to the Agency as to what happened that caused the job separation.  The Employer will be asked by the Agency to provide their statement of what they perceive happened.

Next the Agency looks at the two statements.  They issue a “Determination” or decision as to who wins and why.  Either party can appeal this decision. If you win, you don’t need to do a thing. As long as the employer does not appeal you will receive benefits usually within weeks.  However, if the employer appeals you may be contacted to give an additional statement. If you lose you need to appeal.  This can be very simple.  You can just say (in writing) that you want to appeal.

What you say at this point is important.  The chances that you are going to get the decision reversed are slim.  And, anything you say to the agency will be available to the Employer.  It might be a good strategy to hold back some information so the employer will not be able to prepare for it at the hearing.  This is something you need to talk to an attorney about.

The Agency will issue a Re-determination.  Again, either side has a right to appeal.  If the Re-determination says you win you need to do nothing.  If you lose you need to appeal.  Again, be aware what you put in your appeal.  Other than the fact that you filed something, the content of your appeal will not even be considered.  So you are just giving your employer a free look at your strategy

The next step in the process is a Hearing in front of an ALJ (Administrative Law Judge) or Hearing Officer.  This is actually a trial.  Witnesses will be called and sworn.  The entire hearing will be recorded.  The hearings are scheduled for one hour.  So you need to be well prepared.  Also, although either side can appeal there will not be anymore hearings nor can anyone add any evidence except in extraordinary circumstances.  So this is your one chance and you need to make it count. The appeal goes to the MECS Board of Review, a three person panel.  They review the transcript of the Hearing and make a decision.

If you have any questions about this process please fell free to call me at (231) 941-0054

Article originally appeared on Unemployment Lawyer - Mark Risk - Traverse City, Michigan (http://michiganunemploymentlaw.com/).
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