How to Fight an Unemployment Claim

When an employee files for unemployment, employers have a short window to respond. A well-organized protest, backed by dated records, clear policies, and consistent discipline, is often the difference between a successful defense and an unnecessary charge to your account.

Act fast and follow UIA deadlines

Michigan’s Unemployment Insurance Agency (UIA) notifies past employers when a claim is filed. Employers should respond promptly through MiWAM or the method listed on the notice. Many UIA forms require responses within 10 days and protests/appeals must be received within 30 days of the determination’s mail date. Missing deadlines can waive your rights to contest the claim.

While UAP manages the unemployment response process for clients, we rely on your quick communication and internal records to make sure every protest is filed on time. Missing deadlines can waive your rights to contest the claim.

What to submit with your protest

A protest is stronger with documentation. Typical items that support an employer’s case include:

• Timecards and electronic time stamps showing missed punches or absences.
• Up-to-date attendance records, warnings, and written discipline.
• A signed employee handbook acknowledgement and the specific policy that was violated.
• Emails or text messages that corroborate the employer’s version of events.
• Witness statements with dates and contact information.

Discipline and termination best practices (before separation)

Consistent application of policies matters. Before terminating, employers should:

• Follow progressive discipline when appropriate

                     verbal warning → written warning → final written warning and or Last Chance Agreement

• Keep a clear timeline of events tied to evidence.
• Conduct a fair investigation: document interviews, findings, and who was involved.
• Ensure the reason for termination is documented and matches company policy (Example: voluntary quit vs. discharge for misconduct). Inconsistencies can undermine your position in a hearing.

Preparing for hearings and appeals

If a redetermination goes against you, we will file an appeal promptly (UAP uses a 10-day rule for all responses, appeals, and protests) and prepare an organized hearing packet: a one-page chronology, copies of evidentiary documents in order, and any witnesses who can speak to facts. Familiarize yourself with the UIA’s “Guide to UIA Appeals Hearings”, it outlines hearing protocol and what to expect.

Common pitfalls to avoid

• Relying on memory instead of written records.
• Using arbitrary or uneven discipline.
• Missing deadlines or failing to submit supporting documents.
• Not training supervisors on proper separation procedures.

Bottom line

Proactive recordkeeping and disciplined HR practices are the best defense against improper unemployment charges. When a claim arrives, respond quickly, submit clear evidence through MiWAM or the UIA’s protest process, and prepare a concise, documented case for any hearing. Doing so protects your experience rating and reduces unnecessary Unemployment Insurance costs. Call the experts at UAP if you need help fighting unemployment claims.