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Seasonal Employment and Unemployment

by Cindy

Manager hired me in April 2016 telling me at the end of the season you will qualify for seasonal unemployment. This in fact, was not the case in 2016. He did not work me enough hours to qualify. He purposely did this to other employees as well.

Other employees were hired, but he paid them cash for weeks, so they also, at the end of the season, did not qualify for unemployment!! I waited as long as I could, as I had to work and bills to pay! I searched for work. I found work.

He then contacted me, two months after his call back date. I did not believe it was my responsibility to contact him when I found work, because I did not get a call back when he said I would. At that time I didn't believe I was going to be called back. I Also was told by Manager to let UIA know that February 2017 was the call back date. I did state this to UIA when I applied in 2016.

Seasonal Jobs and Unemployment Insurance

Hi Cindy,

I'll begin with the info you brought up about other employees being paid paid cash .. even though I doesn't seem relevant to your problem with being denied, because it may be potentially connect to how this employer treats unemployment insurance law, which requires even seasonal employers .. to follow state labor laws, rules, and regulations.

If one of those employees ever follows through on getting benefits because this employer paid them cash .. it could cause the employer a world of hurt because most all employees without an airtight independent contractor contract, should be covered by UI benefits. A manager, paying cash under the table, I would assume to be doing so, per the employer's directive, when they are fraudulently trying to avoid withholding, or paying employment type taxes, including cheating the SSa of the taxes matched by employers everywhere, on top of what they withhold and pay in on behalf of their employees.

As for you and your unemployment benefits now in late 2017, I'm confused as to why you are asking about unemployment benefits denied in 2016 (sounds like you were monetarily denied) .. which is also an appealable initial determination.

However, it also sounds to me, like you did acquire subsequent employment since then .. so the seasonal job you're referencing .. isn't your last, or most recent job, which is generally central to the second non-monetary issue of an unemployment deciding whether an employee' cause of separation, allows them to actually collect what they monetarily already qualified for.

But, if you just wanted me to find some info on how seasonal employment and unemployment benefits in Michigan should work, then I suggest reading part of section 421.27 Payment of benefits of the Michigan Employment

This is what I found to be relevant there, as to how anyone's seasonal employment should be treated, to determine if they are eligible to collect unemployment after the season is over.

(o)(1) For weeks of unemployment beginning after July 1, 1996, unemployment benefits based on services by a seasonal worker performed in seasonal employment are payable only for weeks of unemployment that occur during the normal seasonal work period. Benefits are not payable based on services performed in seasonal employment for any week of unemployment beginning after March 28, 1996 that begins during the period between 2 successive normal seasonal work periods to any individual if that individual performs the service in the first of the normal seasonal work periods and if there is a reasonable assurance that the individual will perform the service for a seasonal employer in the second of the normal seasonal work periods. If benefits are denied to an individual for any week solely as a result of this subsection and the individual is not offered an opportunity to perform in the second normal seasonal work period for which reasonable assurance of employment had been given, the individual is entitled to a retroactive payment of benefits under this subsection for each week that the individual previously filed a timely claim for benefits. An individual may apply for any retroactive benefits under this subsection in accordance with R 421.210 of the Michigan Administrative Code.

(2) Not less than 20 days before the estimated beginning date of a normal seasonal work period, an employer may apply to the commission in writing for designation as a seasonal employer. At the time of application, the employer shall conspicuously display a copy of the
application on the employer's premises. Within 90 days after receipt of the application, the commission shall determine if the employer is a seasonal employer. A determination or redetermination of the commission concerning the status of an employer as a seasonal employer, or a decision of an administrative law judge, the Michigan compensation appellate commission, or the courts of this state concerning the status of an employer as a seasonal employer, which has become final, together with the record thereof, may be introduced in any proceeding involving a claim for benefits, and the facts found and decision issued in the determination, redetermination, or decision is conclusive unless substantial evidence to the contrary is introduced by or on behalf of the claimant.

(3) If the employer is determined to be a seasonal employer, the employer shall conspicuously display on its premises a notice of the determination and the beginning and ending dates of the employer's normal seasonal work periods. The commission shall furnish the notice. The notice must additionally specify that an employee must timely apply for unemployment benefits at the end of a first seasonal work period to preserve his or her right to receive retroactive unemployment benefits if he or she is not reemployed by the seasonal employer in the second of the normal seasonal work periods.

(4) The commission may issue a determination terminating an employer's status as a seasonal employer on the commission's own motion for good cause, or upon the written request of the employer. A termination determination under this subdivision terminates an employer's status as a seasonal employer, and becomes effective on the beginning date of the normal seasonal work period that would have immediately followed the date the commission issues the determination. A determination under this subdivision is subject to review in the same manner and to the same extent as any other determination under this act.

(5) An employer whose status as a seasonal employer is terminated under subdivision (4) may not reapply for a seasonal employer status determination until after a regularly recurring normal seasonal work period has begun and ended.

(6) If a seasonal employer informs an employee who received assurance of being rehired that, despite the assurance, the employee will not be rehired at the beginning of the employer's next normal seasonal work period, this subsection does not prevent the employee from receiving unemployment benefits in the same manner and to the same extent he or she would receive benefits under this act from an employer who has not been determined to be a seasonal employer.

(7) A successor of a seasonal employer is considered to be a seasonal employer unless the successor provides the commission, within 120 days after the transfer, with a written request for termination of its status as a seasonal employer in accordance with subdivision (4).

(8) At the time an employee is hired by a seasonal employer, the employer shall notify the employee in writing if the employee will be a seasonal worker. The employer shall provide the worker with written notice of any subsequent change in the employee's status as a seasonal worker. If an employee of a seasonal employer is denied benefits because that employee is a seasonal worker, the employee may contest that designation in accordance with section 32a.

(9) As used in this subsection:

(a) "Construction industry" means the work activity designated in sector group 23 - construction of the North American classification system - United States Office of Management and Budget, 1997 edition.

(b) "Normal seasonal work period" means that period or those periods of time determined under rules promulgated by the unemployment agency during which an individual is employed in seasonal employment.

(c) "Seasonal employment" means the employment of 1 or more individuals primarily hired to perform services during regularly recurring periods of 26 weeks or less in any 52-week period other than services in the construction industry.

(d) "Seasonal employer" means an employer, other than an employer in the construction industry, who applies to the unemployment agency for designation as a seasonal employer and who the unemployment agency determines is an employer whose operations and business require employees engaged in seasonal employment. A seasonal employer designation under this act need not correspond to a category assigned under the North American classification system — United States Office of Management and Budget.

(e) "Seasonal worker" means a worker who has been paid wages by a seasonal employer for work performed only during the normal seasonal work period.

I don't think it was your responsibility to contact him either ..

Chris -

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