Hello,

I need a little assistance in finding out information regarding
receiving unemployment wages in the state of Michigan. I am currently
working for a company where blame was placed on me for negative job
performance when it was NOT justified. At first I thought I would be
fired, however, I have been placed on an "Performance Improvement
Plan", and there is no sign that I will be fired soon.
My question is this: I am an at-will employee, and as such can be
fired at any time, for any reason, and at the same time can quit at
any time for any reason.  Now, if I were to resign (quit), can I still
receive unemployment benefits from the state of Michigan while I begin
a new job search?  I expect it to take at least 3-6 months to find a
new job, and just simply cannot continue coming to this workplace and
being accused of wrongdoings I am not responsible for any longer. (I
have an anxiety disorder, and the stresses of the situation are
causing me health issues).

To summarize: I've tried contacting the MI unemployment office and
have received no answers of help. I have been told by relatives I must
be
downsized or fired to receive unemployment benefits. If I quit/resign
as an at-will employee, can I still file for and receive MI
unemployment wages, or does the company I work for have the right to
contest unemployed status?

If at all possible, I would love help prior to Thursday, the 31st. I
have my next scheduled "Employee Improvement" meeting with HR and my
manager that afternoon.

Hi druidblue:

Thanks for the interesting question. Please keep in mind that we are
not lawyers here at Google Answers, so none of our advice should be
taken as "legal opinions."

I've looked into your question about unemployment benefits in Michigan
and it appears possible (but perhaps not likely) that you could
receive benefits if you quit your current job. The following page has
a great summary of the rules around "Voluntary Leaving".

Bureau of Workers' & Unemployment Compensation
http://www.michigan.gov/bwuc/0,1607,7-161-15544_16474_16475-37733--,00.html

From that page, I quote: 

"What the law says: This issue is covered by Section 29(1)(a) of the
Michigan Employment Security Act. The Act provides that if a worker
quits a job without having a good cause 'attributable to the employer'
(that is, the worker quits and the employer is not at fault for the
quit), then the worker will be 'disqualified' from receiving
unemployment benefits."

So, in order to receive benefits, not only would you have to prove
that the work conditions provided good cause for you to quit - but
you'd also have to show that you had told your employer of your
concerns and given them an opportunity to fix them. Have you done
this? If not, quitting at this next meeting would be extremely risky
to your benefits. (It also doesn't sound like, from what you stated
above, that they'd be too receptive to this process.)

"What court cases have said: Unemployment compensation cases say that
before quitting, the worker must first tell the employer about the
problem and must give the employer a chance to correct it. If the
problem continues, and the worker quits the job, he or she would not
be disqualified from receiving unemployment benefits (assuming the
Bureau agreed that the employer’s conduct provided the worker with an
acceptable reason for leaving). The worker must show that he or she
left the job for a reason that would cause a reasonable person, under
similar conditions, to leave the job."

Now, if you can prove that their accusations of you are unfounded,
then that, in my opinion, would give you an excellent basis for
quitting and still receiving benefits (as long as you "warned" them).
Otherwise, it might come down to a case of their word against yours.
(However, if they cannot prove their accusations, that won't look too
good on them either.)

If you have written proof that these accusations were made (in the
form of emails, letters, notes, memos, etc.) or if others in your
workplace overheard these accusations, then that could go a long way
to proving your case.

If you make a claim and if the employer contests that claim (which
they can and likely will, since a successful claim by you would cost
them money), then there will be a hearing:

"Proof at the Hearing: If either the employer or the claimant appeals
the case to an Administrative Law Judge, the employer must first prove
that the worker quit the job. The worker must then prove that the
employer was at fault for the quit because of something the employer
did, or allowed to happen, in the workplace. A statement at the
hearing by either party is a form of proof. The statements at the
hearing of witnesses may also be helpful in proving a case, since they
give added weight to the statements of the worker or employer.
Documents supported by testimony at the hearing may also be used as
proof."
 
OK. So the above information covers how the process works and what
you'd have to do to defend your claim. Now for the not-so-good news:

Timelines:
Whatever happens with your claim, it will be some time before the
state will actually makes a decision about your claim:

"How long does it take to find out if I am eligible to get
unemployment if I am laid-off? quit? fired? on strike?
...
Quit or Fired 6 to 8 weeks"

This 6 to 8 weeks is if things go "smoothly". If there has to be a
hearing - then you're likely looking at a significantly longer period
of waiting. So, as a short term cash solution while you look for other
employment, quitting your current job and relying on unemployment
benefits may not be advisable.

Your Next Job:
Another downside of quitting is that you will likely be required to
earn additional money at your next job before being eligible for
benefits again.

"The bill also includes a number of new benefit eligibility
restrictions that count severance pay as income when determining
benefit eligibility, force some jobless workers to take lower paying
jobs and require workers who voluntarily quit, refuse suitable work or
are discharged for cause to earn more money in subsequent employment
in order to re-qualify for benefits."
From: http://www.miaflcio.org/Newsletter/May2002/UpdateMay02.PDF

I hope this information has been of help. 

If you need any clarification of the information I have provided,
please ask using the Clarification feature and provide me with
additional details as to what you are looking for. As well, please
allow me to provide you with clarification(s) *before* you rate this
answer.
    
Thank you.     
    
websearcher-ga    
    
  
Search Strategy:   
 
michigan "unemployment benefits" quit
://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&safe=off&q=michigan+%22unemployment+benefits%22+quit

Thank you very much, this is exactly the type of information I was
looking for, and will help me make the correct decision.  Thank you
for the timeliness, also- that answer came in just a few hours!