I was employed for a small media company for almost 2 yrs. In October they decided to implement a contract that all new and existing employees would have to sign which included, among other things, what would best be called a "no compete" clause but was very broad and outlawed working for ANY video production/photo/etc. company (not just those in competition) within most of the state of Michigan (where the company is). Let me also note that the company's owners (a husband and wife) are very untrustworthy and I have a very high turnover rate. They make promises and never keep them..have fired people without paying final paychecks..etc. Therefore, I was putting myself at a strong risk by signing this contract and binding myself to this company (I should also note that we were all paid hourly and receive ZERO benefits - there is absolutely no benefit or security in this job, nor was any offered if we signed the contract). I decided that I was unable to sign it as it stood, and when I stated so I was told to leave the company. I filed for unemployment and was denied it for the following reason (as the letter from unemployment reads):
You were discharged from (company) ... for choosing not to comply with company policy. You were issued a letter of understanding and met with the employer. A deliberate disregard to the employer has been established. Therefore, you are disqualified from benefits.
It is found that you were fired for a deliberate disregard of your employers interest, you are disqualified for benefits under Mes Act, Sec. 29 (1) (B).
I would like to fight this claim and would like any advice on the best way to do so. It is important to note that although I was presented with the contract in October, I was not fired until December. Conveniently, at the time I was eventually fired...I was also out of work to do and was fired at the end of the pay period. Another employee was fired within two weeks of my termination for a different reason ( a different STATED reason, as she was ALSO out of work to do). A third employee had put in her two weeks days before I was fired and was asked to leave that day (technically, fired?). All females...which may or may not play a roll, but another important factor - another employee (male) was offered the option to make changes to the contract and therefore kept his job under a revised contract. He was asked however to sign a form with the lawyer that stated he wouldn't reveal that information. I am in a pickle over whether to use it in stating my own case. LASTLY, in my own research I've found the MES Act. sec 29 (1) (b) to read as follows:
Sec. 29.
(1) An individual is disqualified from receiving benefits if he or she:
(b) Was suspended or discharged for misconduct connected with the individual's work or for intoxication while at work.
I don't understand how this fits under their supposed reason for firing me, and if they are claiming they fired me for a different reason...how can I fight that?!!?!?!
HELP!
You were discharged from (company) ... for choosing not to comply with company policy. You were issued a letter of understanding and met with the employer. A deliberate disregard to the employer has been established. Therefore, you are disqualified from benefits.
It is found that you were fired for a deliberate disregard of your employers interest, you are disqualified for benefits under Mes Act, Sec. 29 (1) (B).
I would like to fight this claim and would like any advice on the best way to do so. It is important to note that although I was presented with the contract in October, I was not fired until December. Conveniently, at the time I was eventually fired...I was also out of work to do and was fired at the end of the pay period. Another employee was fired within two weeks of my termination for a different reason ( a different STATED reason, as she was ALSO out of work to do). A third employee had put in her two weeks days before I was fired and was asked to leave that day (technically, fired?). All females...which may or may not play a roll, but another important factor - another employee (male) was offered the option to make changes to the contract and therefore kept his job under a revised contract. He was asked however to sign a form with the lawyer that stated he wouldn't reveal that information. I am in a pickle over whether to use it in stating my own case. LASTLY, in my own research I've found the MES Act. sec 29 (1) (b) to read as follows:
Sec. 29.
(1) An individual is disqualified from receiving benefits if he or she:
(b) Was suspended or discharged for misconduct connected with the individual's work or for intoxication while at work.
I don't understand how this fits under their supposed reason for firing me, and if they are claiming they fired me for a different reason...how can I fight that?!!?!?!
HELP!
