Unemployment Benefits
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End of Season Reminder: Applying for Unemployment Benefits
Farmworker Legal Services often hears from farmworkers who do not know if they will qualify for unemployment or who think that they will not qualify for unemployment because their employer was a "Season employer" under the unemployment rules.
We always recommend that farmworkers apply for unemployment benefits as soon as they are out of work, even if they think that they might not qualify. It is important to apply as soon as possible, because if the farmworker qualifies, he will receive benefits for as many weeks as possible. Filing weeks after you have been laid off means that you will probably not receive benefits for those weeks before you applied.
Also, even farmworkers who worked for "seasonal employers" should apply for unemployment, and they should report to the unemployment office through the MARVIN telephone system every two weeks after they apply. If the employer did not follow all of the rules that he should have in order to maintain the "seasonal employer" designation, the worker will have lost out on any chance of benefits if he or she did not apply for unemployment as soon as he or she was out of work.
For example, seasonal employers are only supposed to employ workers between certain dates during the year, and if a worker was employed outside of that date range, the "seasonal employer" exemption does not apply to that worker, and he might qualify for unemployment benefits. If that worker had applied for unemployment, and called MARVIN every two weeks to report, then he will still be eligible to receive unemployment.
Any farmworker who has a question about their eligibility for unemployment, or who received a letter from the Unemployment agency that they do not understand, should call Farmworker Legal Services toll-free at 1-800-968-4046.
Unemployment Agency Improves Bilingual Service to Immigrants
For several years, attorneys from Farmworker Legal Services communicated with officials from Michigan’s Unemployment Insurance Agency (UIA) concerning the difficulties our clients have had in accessing their unemployment benefits.
In 2004, UIA has announced several improvements to the unemployment system that will benefit Michigan farmworkers and other limited-English proficient workers:
· The UIA recently made available a Spanish-language version of its informational publication "Unemployment Benefits in Michigan." This 52-page booklet contains many details about applying for unemployment benefits. Since the agency does not have funds to print many copies of the Spanish-language version, it can be printed off of the agency’s website at: http://www.michigan.gov/documents/uia_1901Spanish_87035_7.pdf
· Persons who cannot navigate the agency’s English-only telephone application system can now "opt out" to reach a bilingual staff person. The person must call the UIA’s telephone application number at 1-866-500-0017, and then press "4" for "Spanish." A bilingual staff person will either answer the call, or will call the person back.
· The agency has made efforts to improve its ability to speak to Spanish-speaking callers. The agency has recruited more bilingual staff in order to increase the number of Spanish-speaking examiners and customer service representatives. In addition, the agency has trained its current representatives to use the "Language Line" telephone translation service to provide translators for telephone service. The telephone number for UIA’s Customer Service is 1-866-638-3995.
· The UIA has implemented a Spanish version of MARVIN, the agency’s telephone system used by unemployed workers to report biweekly in order to receive unemployment benefits. MARVIN's menu system is now in English and Spanish. MARVIN’s telephone number is 1-866-638-3993.
Farmworkers who have received a letter from UIA that they do not understand, as well as workers who have been denied unemployment benefits, should call Farmworker Legal Services as soon as possible at 1-800-968-4046, since there are time limits for appealing denials.
Denial of Unemployment Benefits to Eligible Immigrants
FLS
has successfully represented several Legal Permanent Resident (LPR)
clients who were denied unemployment benefits by the Michigan
Unemployment Agency because their LPR cards had expired. This is
despite the fact that, according to immigration law, an LPR's
immigration status does not change simply because his card expires. In
one of the favorable decisions obtained by FLS staff, the
Administrative Law Judge concluded that "the [Unemployment Agency] is
not in the position to authoritatively determine which [immigration]
documents are valid and which are fake or no longer authorized."
This case stands as a continuing acknowledgment that state employees do
not have legal authority to make such determinations or to give legal
advice to immigrants about their immigration status. Such
responsibility lies solely with agents of the Immigration and
Naturalization Service. In the absence of some compelling reason to
question the authenticity of immigration documents presented by an
applicant for public benefits or services, agency personnel (as well as
employers) must treat non-citizens and citizens similarly under the
nation's civil rights laws.
Unemployment Access Clinic
In response to the late 2002 closing of most local Unemployment Agency
offices and the ineffective implementation of an English-only
telephonic/web-based application process, FLS began an in-house
Unemployment Clinic, through which primarily Spanish-speaking immigrant
workers are assisted in submitting applications and appeals of their
unemployment claims, and assisted in submitting inquiries to determine
the status of their claims.
