job loss & THE CORONAVIRUS (COVID-19) PANDEMIC

SCROLL DOWN for information concerning the following issues:

  • UNEMPLOYMENT INSURANCE

  • MICHIGAN’S PAID SICK LEAVE LAW (Workplace Closures)

  • DISCRIMINATION

  • WRONGFUL DISCHARGE

  • WORKERS ADJUSTMENT AND RETRAINING NOTIFICATION ACT (WARN Act)

Please be aware that during the coming weeks, governmental offices and other offices will often be closed to the public. Therefore, reach out via telephone, websites, or email if at all possible.  Strict time limits exist for filing for benefits and filing any complaints, charges and otherwise asserting your rights.  Consult with the involved agency and/or an attorney as needed to ensure that all time limits are met and that your rights are protected. 

Unemployment insurance

Rights

  • If you were let go by your employer or you had to leave your job due to circumstances beyond your control, you are likely entitled to receive unemployment insurance benefits from the State of Michigan.

  • A new federal law extends unemployment insurance benefits to include persons not traditionally covered and persons who have exhausted regular unemployment insurance benefits. The new law is called the Relief for Workers Affected by Coronavirus Act (enacted as part of the larger Coronavirus Aid, Relief, and Economic Security Act - ‘‘CARES Act’’).

  • In Michigan, file your claim with the Michigan Unemployment Insurance Agency.

    • Unemployment insurance benefits traditionally pays approximately 43 % of your prior wages, up to a maximum amount of $362/week for 26 weeks. Additionally, the CARES Act extends the period of payments an additional 13 weeks once regular benefits have run out.

    • A claim should be promptly filed when job loss occurs (within 14 days of job loss).**

    • Be sure to follow all instructions on forms that you receive from the unemployment insurance agency and timely respond to all requests from the agency.

    • Protest/appeal any determinations against you if you believe that you have been wrongly denied benefits.

FILING A CLAIM:

  • Unemployment insurance claims are filed with state agencies. The MICHIGAN UNEMPLOYMENT INSURANCE AGENCY accepts claims through their ONLINE website and via the TELEPHONE.

    • The Agency is currently developing procedures and an application process for persons eligible for unemployment insurance by the new federal law, the CARES ACT. The Agency is advising: “The Unemployment Insurance Agency will release guidance regarding eligibility and the application process in the coming days. If you have already filed for unemployment benefits, you DO NOT need to reapply at this time.”

  • Claims may be filed ONLINE at the Michigan Unemployment Insurance Agency’s website.  Click here to file ONLINE. The agency is is currently accepting claims on a schedule based on the spelling of you last name. For Online through the agency’s website, the filing the schedule is:

    • Persons with last names beginning with the letters A-L: File on Monday, Wednesday, or Friday

    • Persons with last names beginning with the letters M-Z: File on Sunday, Tuesday, or Thursday

  • Claims may be filed via TELEPHONE, however wait times are expected to be long.  Call 1-866-500-0017 to file a claim. The agency is is currently accepting claims on a schedule based on the spelling of you last name. For Telephone filing the schedule is:

    • Persons with last names beginning with the letters A-L: File on Wednesday or Friday

    • Persons with last names beginning with the letters M-Z: File on Tuesday or Thursday

PERSONS OUTSIDE OF MICHIGAN

IMMIGRANT WORKERS:

  • The Michigan Immigrant Rights Coalition and Farmworker Legal Services in Michigan maintain a bilingual hotline to answer questions regarding farmworker and immigrant workers’ legal rights. Call 1-800-968-4046.

    La Coalición de Derechos de Inmigrantes de Michigan y los Servicios Legales para Trabajadores Agrícolas en Michigan mantienen una línea directa bilingüe para responder preguntas sobre los derechos legales de los trabajadores inmigrantes y trabajadores agrícolas. Llame al 1-800-968-4046.

  • The Michigan Immigrant Rights Center, Farmworker Legal Services, and University of Michigan UIA Clinic have prepared information concerning the rights of workers with DACA status to collect unemployment insurance benefits. See here for information in English and here for información en Español.

MICHIGAN’S PAID SICK LEAVE LAW

Rights

  • Michigan’s Paid Medical Leave Act generally requires your employer provide hourly employees with 1 hour of paid sick leave for every 35 hours worked, up to 40 hours per year.** An important part of Michigan’s Paid Medical Leave Act likely applies to workplace closures during the present COVID-19 pandemic. Persons whose workplace is closed by order of a public official due to a public health emergency are entitled to use their paid leave during the closure.

FILING A COMPLAINT FOR VIOLATIONS:

  • First, make a request for paid sick leave during your worksite’s closure to your employer.

  • If your employer denies the request and you believe that they are in violation of Michigan’s Paid Medical Leave Act, file a complaint with Michigan’s DEPARTMENT OF LABOR & ECONOMIC OPPORTUNITY, WAGE & HOUR DIVISION.

    • A complaint may be filed ONLINE at the Wage & Hour Division’s website.  Click here to file a complaint ONLINE. Using the online form, complaints may also be MAILED, EMAILED, OR FAXED to:

      Wage and Hour Division

      PO Box 30476

      Lansing, MI 48909-7976

      Fax: (517) 763-0110

      Email: whclaim@michigan.gov

PERSONS OUTSIDE OF MICHIGAN

HOTLINE EN ESPAÑOL

  • The Michigan Immigrant Rights Coalition and Farmworker Legal Services in Michigan maintain a bilingual hotline to answer questions regarding farmworker and immigrant workers’ legal rights. Call 1-800-968-4046.

La Coalición de Derechos de Inmigrantes de Michigan y los Servicios Legales para Trabajadores Agrícolas en Michigan mantienen una línea directa bilingüe para responder preguntas sobre los derechos legales de los trabajadores inmigrantes y trabajadores agrícolas. Llame al 1-800-968-4046.

Discrimination

Rights

  • Reports indicate that persons of Asian ethnicity, persons with disabilities, those who contract coronavirus, and others may be at increased risk of workplace discrimination as a result of stereotyping, biases, and ignorance regarding the spread of the virus or your susceptibility to contracting the virus.

  • If you have lost your job as a result of such discrimination, you should file a charge with either the U.S. Equal Employment Opportunity Commission (EEOC) or the Michigan Department of Civil Rights (MDCR).

    • Strict time deadlines apply to the filing of discrimination charges. Therefore, it is important to promptly file with the EEOC or the MDCR. Contact these agencies or consult an attorney for more information on filing deadlines. 

Filing a Charge

  • A charge of discrimination may be filed ONLINE at the EEOC ’s website.  Click here to file ONLINE with the EEOC. The EEOC also accepts charges by MAIL as well. Click here to learn how to file a charge by MAIL.  The EEOC does not accept filing of charges over the phone, however you can call the EEOC for information at 1-800-669-4000

  • A charge of discrimination may also be filed ONLINE at the MDCR ’s website.  Click here to file ONLINE with the MDCR.  The MDCR also accepts filing of charges over the TELEPHONE. Call 1-800-482-3604 to file a charge with the MDCR. For information, you can also email the Department at MDCR-INFO@michigan.gov.

HOTLINE EN ESPAÑOL

  • The Michigan Immigrant Rights Coalition and Farmworker Legal Services in Michigan maintain a bilingual hotline to answer questions regarding farmworker and immigrant workers’ legal rights. Call 1-800-968-4046.

    La Coalición de Derechos de Inmigrantes de Michigan y los Servicios Legales para Trabajadores Agrícolas en Michigan mantienen una línea directa bilingüe para responder preguntas sobre los derechos legales de los trabajadores inmigrantes y trabajadores agrícolas. Llame al 1-800-968-4046.

PERSONS OUTSIDE OF MICHIGAN

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WRONGFUL DISCHARGE

Rights

  • In Michigan, persons have a right to a common law claim for wrongful termination from employment that is violation of public policy. These lawsuits generally required that there be a clear statement of public policy protecting the worker’s actions and a showing that the worker was discharged for taking actions protected by that public policy. Under some circumstances, workers may have a claim for wrongful discharge is they are terminated for staying home under during the current pandemic.

  • Michigan’s COVID-19 Employment Rights Act prohibits employers from discharging a person who for failure to come to work after testing positive for COVID-19; displaying the principal symptoms of COVID-19; or, in some instances, has had close contact with a person who contracted COVID-19.

FILING A COMPLAINT

  • If you believe that you have been discharged in violation of public policy, consult an attorney who can further advise you of your rights.

PERSONS OUTSIDE OF MICHIGAN

  • Wrongful discharge claims are governed by state law. Consult with an attorney in your state to determine whether you may have a claim arising from being discharged while following the orders of public officials during the pandemic.

WARN ACT

  • The federal Workers Adjustment and Retraining Notification Act generally requires large employers (with 100+ employees) to give 60 days advance notice to workers in the event of a mass layoff or a worksite closing. The mass layoff or worksite closing must result in job loss for 50 or more employees and the job separations must occur at a single work location.

  • A number of states have mini-WARN Acts. These are state laws that similarly require advance notivication of layoffs and jobsite closures. These laws supplement the federal law and commonly apply to employers with fewer employees and apply when a smaller number of job separations occur. See the WARN Act News blog for states that have mini-WARN Acts.

FILING A COMPLAINT

  • If you believe that you were discharged in violation of the WARN Act, consult an attorney who can further advise you of your rights.