I misled the unemployment Insurance Agency. What should I do?
by mohammad alwawi
I received a letter from the unemployment agency indicating that I have intentionally misled them by reporting lack of work reason for being discharge from a job. I stated when I filed for unemployment that I was laid off because lack of work but the employer state that I was discharged because of substandard of quality and quantity. I have never been told by the employer I was fired.
They told me I have been discharged because I do not have enough experience to do the job. I believe I was discharged because the of lack of work and due to struggling economy. I had 10 years of working experience with another employers. What should I do?
I have already responded to the UIA 9 questions that they send me to answer.
First and foremost, be completely honest going forward from here.
Ironically, if you had been straight from the beginning you may have been denied unemployment insurance benefits, but you could have appealed to a hearing to deal with the denial and poor performance is a reason that employers have a hard time sustaining their burden of proof because poor performance is not necessarily misconduct.
Inability to do a job is not misconduct. The employer needs to prove a person “willfully, knowingly or intentionally chose not to do the job correctly.
You will just need to proceed from this point on with the truth and do your best.
When you misrepresented the reason for discharge you in effect created another issue (fraud) that you are now having to deal with and you need to focus on reestablishing your credibility by focusing upon the “real” circumstances of your job separation which was “discharged for poor job performance”.
If you think you need help, Michigan does have an advocacy program that provides free help for individuals for unemployment hearings. You can read about it here.
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