Identificación del mejor modelo 

compensation costs

The following are some reminders to employers about how you can help the UIA assure proper benefit payments, and in that way reduce your unemployment insurance costs:

1. Take the opportunity to provide updated or corrected information in response to a request from the UIA, and do so within the prescribed time limits.

For example, Form UIA 1575E, Monetary Determination, provides you with wage information found on our wage database. The form also asks you to respond with any correction as to the reason for the unemployed worker’s separation from employment.

When you receive Form UIA 1575E, be sure you understand the statements on it. If you do not understand the form, call the UIA’s Office of Employer Ombudsman at 1-855-484-2636 (4-UIAOEO) or

313-456-2300, or contact them by email at "[email protected]". If you disagree with the wage or separation information shown on the form, provide corrected information within the 10 days (or 30 days, in the case of a "quit") allowed.

Form UIA 1563, Notice to Chargeable Employer of Claim Renewal, is a notice to base period employers that an unemployed worker whose claim includes the employer in the base period is about to resume drawing benefits. This tells the base period employer that benefit charges might resume. It gives the employer the op- portunity to notify the UIA if they have information showing that the unemployed worker might not be entitled to benefits. For example, the unemployed worker might be employed, or be on vacation and not available for work or seeking work.

Form UIA 1564, Notice of Claim Renewal, asks a benefit year employer to notify the UIA if the unemployed worker's reason for separation from employment might result in disqualification. If that benefit year employer is later part of a base period on a new claim, notifying the UIA of a disqualifying separation in response to Form UIA 1564 could prevent charges for benefits.

2. Monitor the notices of benefit charges to your account as you receive the weekly notice on Form UIA 1136. If you have reason to believe the unemployed worker was not satisfying the weekly eligibility conditions to receive benefits, or was not receiving the correct amount per week, immediately protest in writing to the UIA. 3. Notify the UIA if a claimant refuses an offer of work, even if it only

involves a few hours of work you, as a chargeable employer, have available for a worker collecting unemployment benefits. See Fact Sheet No. 144.

4. Keep accurate and complete records, especially about the atten- dance and disciplinary warnings you have given your employees. These records can be very helpful at an administrative law hear- ing on the issue of discharge for misconduct, especially when the witness who gave the warnings is present at the hearing to testify from those records.

5. If you decide to appeal to an Administrative Law Judge for a hearing, make sure you present your case as well as possible. It is especially important that the witnesses with first-hand knowledge of the events concerning the separation from employment appear at the hearing. Read the "Guide to UIA Administrative Law Hearings," Part E of

this Handbook, before going to the hearing. It gives you further suggestions about how best to prepare for the hearing.

Consider taking advantage of an Advocate available at no cost to you through the UIA’s Advocacy Program. An Advocate can pro- vide information, consultation, and representation at the hearing. An Advocate is not an employee of the UIA or of the State, but is familiar with the unemployment compensation law and procedures. Call the UIA’s Advocacy Program at 1-800-638-3994, menu item 2, to find out more about the Advocacy Program and to secure the services of an Advocate.

6. Of course, the best way to avoid charges to your account for unem- ployment benefits is to avoid, as far as possible, laying off workers.

Conclusion

The UIA appreciates the cooperation of the employer community in making sure that unemployment benefits are only paid to claimants who are eligible and qualified to receive them.

If you have further comments or questions about our service, we invite you to bring them to the attention of our Office of Employer Ombudsman, as mentioned above.

© 2014, State of Michigan, Unemployment Insurance Agency

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Ability to Work ...14 Administrative Law Hearing ...3, 5, 19, 39-40 Advocacy Program ...5, 40, 41 Alternate Base Period ...3, 4 Alternate Earnings Qualifier ...4 Appeal Process ...3, 5 Appeal Rights ...3 Availability for Work ...14 B

Base Period ...3-4 Base Period Employer ...17-18 Benefit Charges to Employer ...7-8, 17 Benefit Year ...4 C

Charges to Employer for Benefits Paid ...7-8 Combined Wage Claim ...16 Controlling Unemployment Compensation Costs ...41 Covered Services (see Excluded Services) ...4 D

Denial Periods ...15 Determination, Monetary ...2, 16-18, 20-23 Determinations, Non-Monetary ...2, 27-29 Discharge for Misconduct ...11-12 Disqualification from Benefits ...10-14 Drug usage or failure of test, discharge for ...12, 13 E

Earnings, Effect of on Weekly Benefit Payment ...8-9 Eligibility for Benefits ...10, 14-15 Excluded Services ...4 F

Figuring Weeks of Benefits ...6 Figuring Weekly Benefit Rate ...6 Filing Claim on Time ...14 Flexible Week ...9 Forms: UIA 1136 ...18, 34-35 UIA 1301 ...19, 38 UIA 1302 ... 10, 27-29 UIA 1563 ...18, 32 UIA 1564-1 ...18, 33 UIA 1575E ...2, 16-18, 20-23, 41 UIA 1713 ...2, 24-26 UIA 1770 ...18-19, 36-37 UIA 1807 ...5, 19, 39-40 UIA 1955 ...2, 3, 18, 30-31 H

Hearing, Administrative Law ...3, 5, 19, 39-40 Hearing, Michigan Compensation Appellate Commission ...3, 5

INDEX

Independent Contractor ...4 Income Tax Withholding ...10 L

Labor Dispute ...12,13 Last Employer ...16,17 Lost Earnings ...10 M

MARVIN (Michigan’s Automated Response Voice Interactive Network) ...15

Misconduct ...11-12 Monetary Determination ...2, 16-18 N

Non-Monetary Determination ...2, 27-29 Notice of Administrative Law Hearing ...5, 19, 39-40 P

Preservation of Benefit Entitlement ...4 Profiling System, participation in ...15 Protest/Appeal Rights ...3 Purpose of this Chapter ...1 Q

Qualifying Wages ...4 R

Redetermination ...3, 18, 25 Redetermination of Charges... 3,18, 30-31 Reduction in Weekly Benefit Payment ...8-9 Refusal of Work ...13, 41 Registration for Work ...14 Reporting, as Directed, to Claim Benefits ...15 Reporting by telephone ...15 Requalification by Rework ...13 Requalification by Serving Requalification Period ...14 Requalification for Benefits ...13-14 Requests for Information from Unemployed Worker & Employer ...2 Restitution ...10, 38 Retirement Benefits, Effect of Receipt on

Unemployment Benefit Entitlement ...9-10 Rework, Requalification by ...13 S

Seasonal workers, denial of benefits to ...15 Seeking Work ...14 Shared-Work Plan ...6 Special Payments, Effect on Benefits ...10 T

Temporary Help Firms, disqualification for failing to return to ...12-13 V

Voluntary Leaving ...10-11 W

Waivers of Eligibility Requirement ...14-15 Weekly Benefit Amount, Calculation ...6, 17 Weeks of Benefits, Calculation ...6, 17

9 -E

TABLE OF CONTENTS

Purpose of this chapter ...1 Introduction ...2 Free Representation ...2 Basic terms used at an Administrative Law hearing ...2

Administrative Law Judge Evidence Parties Witnesses

Why is it important to attend the hearing? ...2 What happens first? ...3 Preparation before the hearing ...3 Who and what should be taken to the hearing? ...3 What happens at the hearing? ...4 What happens after the hearing? ...5 Burden of proof: The key to making your best case ...5-6

Misconduct cases Voluntary leaving cases Refusal of suitable work cases Eligibility for benefits

Liability/Tax issues

Telephone hearings ...6 Michigan Supreme Court definition of "Misconduct" for unemployment compensation cases ...6 Some final words ...7 Index ...8

© 2014, State of Michigan, Unemployment Insurance Agency

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This chapter has been prepared as part of a general guide to unemployment insurance hearings in the State of Michigan. It does not have the force or effect of law or regulation. It is written to assist in understanding the Michigan Employment Security Act which is the unemployment compensation law in Michigan.

Purpose of this chapter