When can I apply for unemployment compensation?
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When can I apply for unemployment compensation?
My employer is decreasing our work year to eleven months and decreasing our salary to reflect that. Our insurance benefits will remain in place. We work in a setting where we work 400 or more hours over a fourty hour work week, with no compensation for that. Our employer does not pay into state unemployment. Are we
able to apply for unemployment for he month we are not working?
Asked on December 29, 2018 under Employment Labor Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If your employer does not pay into unemployment, you would have a great deal of trouble applying for an receiving unemployment benefits: at a minimum, extra investigation by the unemployment office will be required, which could take months, to straighten out employee eligibility and how much the employer will be required to pay for the coverage; it may also result in a simple denial of benefits, which you then have to try to appeal.
You may wish to contact the department of labor/unemployment agency now and "ask" about whether your employer should be paying into unemployment (stating that you are not sure that they are): if an investigation will be required, better it starts now, before you need the benefits.
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