UIA CLASS ACTION LAWSUIT-WHAT YOU NEED TO KNOW  

In a recently filed Class Action Complaint, Blanchard & Walker clients allege Michigan’s Unemployment Insurance Agency is illegally assessing “overpayments” and initiating collection activity against a broad class of UIA claimants who relied on pandemic unemployment assistance in 2020 and 2021.   The lawsuit seeks injunctive and other relief to recover for unlawful actions that violate the due process rights of UI claimants.

UPDATE 5/1/2022: HEARING SCHEDULED ON PRELIMINARY INJUNCTION MOTION. The Michigan Court of Claims has scheduled the hearing on Plaintiffs’ Motion for Preliminary Injunction for May 17, 2022 at 1pm in the Lansing Hall of Justice.  The hearing will be held in person and is open to the public.

UPDATE 3/10/2022:  Our Motion for Preliminary Injunction is now on file and available here.  We are seeking a temporary halt on all collections UI claimants impacted by the challenged illegal Agency actions.  There is no word yet on when a hearing on the Motion will be held.

UPDATE 3/08/2022: In recent development, the Agency has announced a temporary halt on new collections, until May 7, 2022.  Current collections do no appear to be suspended.  We continue to fight against unlawful collections activities. Although we hope for the best, recent reporting has suggested the Unemployment Agency will not be able to make good on the waivers as promised.

If you may be affected by UIA Overpayment Collection take the survey here

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RECENT FILINGS IN UIA OVERPAYMENT CLASS ACTION LAWSUIT:

Plaintiffs’ Motion for Preliminary Injunction Pleadings:

• March 10, 2022 Plaintiffs’ Motion for Preliminary Injunction
• March 31, 2022 State Response to Motion for Preliminary Injunction
• April 4, 2022 Carpenters and Bricklayers Union Brief in Support of Preliminary Injunction
• April 5, 2022, State Planning Body and Michigan League for Public Policy Brief in Support of Preliminary Injunction
• April 5, 2022 Plaintiffs and UIA Claimants Reply in Further Support of Preliminary Injunction to Suspend Collection Activities.

Michigan Unemployment Agency Motion to Dismiss the Class Action Lawsuit Pleadings:

• March 14, 2022, Unemployment Agency Motion to Dismiss Complaint
•  April 7, 2022, Plaintiffs and UIA Claimants’ Response and Counter-Request for Summary Disposition
• April 14, 2022, UIA Reply Brief seeking dismissal

If you may be affected by UIA Overpayment Collection take the survey here

Follow us on facebook for case updates @michiganemploymentlawyers 

The lawsuit alleges three practices of the Agency are unlawful:

• UI claimants who received “Monetary Redeterminations” retroactively reducing or cancelling UI benefits more than a year after the original Monetary Determination.
• UI claimants who were assessed overpayments and suffered collection activity before Agency Review for whether the overpayments were a result of agency error.
• UI claimants who are facing collection notices, garnishments, and other collection activity while protest and appeals remain pending.

The full complaint in Saunders v. Unemployment Insurance Agency is available here.  Potentially hundreds of thousands of Michiganders are impacted.  If you believe that you may be impacted by one or more of these practices, you may complete a short survey to provide your information.  Then we can reach out if your assistance is needed.

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*WE ARE NOT ABLE TO PROVIDE INDIVIDUAL ADVICE OR REPRESENTATION*