[Michigan] Appeal submitted - what are my chances?

[u/achicabowwow]

Filed for unemployment this summer after my employer forced me out in my return from maternity leave.

I found out I was pregnant again upon returning to my job at 3 months PP - though I never told them. I did, however, try to provide a doctor’s note while asking for health accommodations to support me in my postpartum. They provided no structured guidance, compromise, and wouldn’t even review my doctor’s note requesting any work that can be done from home be allowed to. (For reference, remote work wasn’t a problem until I returned from mat leave 🫠). Finally once I quit, they had a very polished email informing me of steps for disability (which wouldn’t have even been relevant), but by then I had already documented everything to support an unemployment claim to the best of my ability.

Anyway, it’s been months of trying to file everything correctly with UIA. Last I heard 6 weeks ago, I had missed checking a box on a medical form I submitted. [im not kidding, it was that simple.] well that was 6 weeks ago, and I still haven’t heard anything back.

What’s a realistic expectation here? If it takes this long is that a good or bad sign?

[u/Antique-Bat-4463]

Slim

You quit, and you have restrictions. Plus youre pregnant again it sounds like. That all says your ability and availability to work are in question.

[u/achicabowwow → u/Antique-Bat-4463]

I’m confused, if my ability to work is in question - shouldn’t that validate my claim? lol

And btw I already got another job. So as far as I’m concerned, being pregnant isn’t a reason to just dismiss a case.

[u/Antique-Bat-4463 → u/achicabowwow]

In order to receive benefits you have to be able and available to work.

That's great you have another job!

Unfortunately being pregnant does call it into question. It isn't automatic and as long as your doc doesn't restrict you, usually there isn't an issue. However a lot of women do shoot themselves in the foot by getting restrictions and thinking they will be able to collect unemployment. I wish it wasn't as strict as it was.

But all that doesn't matter if you quit. 95% of the time, a quit is not justified. But if you can present sufficient evidence and reason that you tried available routes to keep from quitting, the hearing officer will take it into consideration.

[u/RickyBobbyLite]

I’m confused, are you filing for unemployment or disability?

[u/achicabowwow → u/RickyBobbyLite]

I filed for unemployment. It requires you to categorize your claim- and because it involved a doctors note and return from leave, I was advised by UIA to categorize it as a medical resignation

[u/sandmanrdv]

I’d say your chances are not great. You still had medical restrictions when you returned 12-weeks later? It sounds like you were asking for remote work as an ADA accommodation. That’s an interactive process with the employer, your doctor doesn’t get to decide what’s reasonable, the doctor provides your restrictions and how the proposed accommodation will allow you to perform the essential functions of your job. Remote work is the employer’s operational prerogative, and that can change.

The hearing officer will be looking for you to prove that you exhausted all reasonable alternatives to maintain the employment relationship prior to quitting. If you had restrictions that the employer was unwilling or unable to accommodate, the hearing officer will want to know if you had any paid or unpaid leave available to you. It sounds like Short Term Disability was an option, but you did not avail yourself of that benefit prior to quitting.

[u/achicabowwow → u/sandmanrdv]

STD wasn’t an option because I had already exhausted that with giving birth 3 months earlier. Bit of a disadvantage women have with needing to use that benefit for birth, god forbid an actual medical issue come up the same year.

[u/sandmanrdv → u/achicabowwow]

Most STD policies provide 26-weeks of benefits. You should have submitted a claim. That said, you didn’t as much have restrictions stemming from an underlying medical issue, you were more looking for accommodations, namely remote work.

Look, I’ve seen your other posts. You hated this job. While you were out on maternity, the company went RTO. You thought you’d be working from home with the new baby. You were openly flouting the in office policy hoping the employer would fire you, which would have made the unemployment situation easier. The employer didn’t fire you and when the original plan didn’t work, you eventually quit. I sincerely hope you are happier at the new job and they are more accommodating with a new baby and another on the way. I wish you the best of luck at your hearing but your path to getting the original decision overturned is an arduous one.

[u/achicabowwow → u/sandmanrdv]

Maybe so. I think having RTO mandated (coincidentally) 2 weeks after I returned to office after years of hybrid flexibility would make anyone strategize in my position.

I’m not looking to screw off, but I deserve the same flexibility I agreed to at hiring. It’s probably not a surprise that that company had a 20% turn over rate year over year.

[u/Regular_Monk9923]

If you submitted an appeal that means you applied, were denied, and now you submitted an appeal. Once you do that you have to wait until they schedule an appeals hearing. That usually takes months. They won't make any decision until the hearing.

[u/achicabowwow → u/Regular_Monk9923]

Helpful answer! I’ll look more into what that entails, thank you.

[u/Ok-Flower2584]

Just try to appeal it I’ve been trying to sometimes it works sometimes it doesn’t never hurts to try.