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  • Unemployment appeal Michigan

    Hey everyone, I'm hoping I can get a little insight from you...

    I'm probably grasping at straws here, but I really don't have any choice. To put my issue in timeline form

    November 09- received a written warning for excessive absences from Manager A. No indication that my job was in jeopardy, basically, "Hey, I have to do this, just be a little more careful." (what she said when she handed me the warning)

    From November 09 until April 2010, I had two days where I either left early or came in late, and three absences. Of those five total days, all but one was a call in, the rest were requested and approved days (by Manager A). The call in was for an ongoing medical problem, which Manager A and Asst. Manager T were well aware of.

    Manager A loses her job in April, Asst. Manager T does not. New Manager M comes in and from end of April until June, I had three call ins. They were for my ongoing medical problem. It was not something that could be avoided. I have been, however, trying to correct the problem with my doctors, switching up medications and whatnot, but have been unsuccessful. This was an ongoing problem that management was aware of. It was unavoidable, it was not my intent to miss those days but I could not do anything to avoid missing them. I did not have doctor's notes because Manager A never asked for them and neither did Manager M. After that warning in November, nothing was said about my absences at all.

    I was terminated in June and denied unemployment for misconduct. I have an appeal hearing coming up Friday. Is there any chance at all that I can get something out of this or will I just be laughed out of court?

    Thank you for any advice/input.

  • #2
    Does FMLA apply?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      I don't believe so. The place had less than 50 employees (the parent company had more, but I was technically not employed by the parent company).
      Last edited by KDK; 09-27-2010, 12:56 PM.

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      • #4
        In that case, I really don't see that you have anything. No matter how legitimate the medical reason, an employer is not obligated to allow unlimited time off. There comes a time when he can legally term for attendance reasons EVEN IF the reason is medical.

        If I'm reading this correctly, you had eight absences after receiving a warning about attendance. It does not matter that some of them were medical and it does not matter that some of them were approved. Eight absences between November and June, particularly when you were already on warning for attendance, is a LOT. Without FMLA protection, and from what you've posted not all of them would fall under FMLA anyway, this would be a legitimate term.

        It's worth appealing for the UI, but even if you prevail in the UI hearing this still appears to have been a legal termination.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Originally posted by cbg View Post
          In that case, I really don't see that you have anything. No matter how legitimate the medical reason, an employer is not obligated to allow unlimited time off. There comes a time when he can legally term for attendance reasons EVEN IF the reason is medical.

          If I'm reading this correctly, you had eight absences after receiving a warning about attendance. It does not matter that some of them were medical and it does not matter that some of them were approved. Eight absences between November and June, particularly when you were already on warning for attendance, is a LOT. Without FMLA protection, and from what you've posted not all of them would fall under FMLA anyway, this would be a legitimate term.

          It's worth appealing for the UI, but even if you prevail in the UI hearing this still appears to have been a legal termination.

          Thank you for answering. I appreciate any advice and input I can get here.

          I do realize that there were a number of absences, the majority of them were for something that could not be helped. Steps were taken to rectify the situation but they were only mildly successful. I'm not really questioning, though, whether or not they were right or had the right to fire me. What I'm questioning is whether or not it was misconduct under Michigan unemployment law. And I will admit to a total lack of understanding of employment law so I don't know if whether or not it was a legal termination has any bearing on whether or not it was misconduct.
          Last edited by KDK; 09-27-2010, 01:08 PM.

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          • #6
            Whether it is "misconduct" to the extent that UI is denied, only the state's opinion matters. Generally speaking, if the absence was outside of the employee's control, that is not disqualifying misconduct. All you can do is appeal.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Agreed. There really isn't any bright line defining "this is misconduct and this isn't". It's stuation specific and the only opinion that matters is that of the claim adjuster.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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              • #8
                Just to update, I had my hearing this morning, my former employer did not show. The burden of proof was on them and the judge said they indicated they could not locate the documents needed. Judge asked me a couple questions and that was it. The whole thing took about 15 minutes.

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                • #9
                  Thanks for the update. That's a good sign.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    Well, I won! I received the decision in the mail this morning, very surprised at the quick turnaround, but very happy!

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                    • #11
                      Originally posted by KDK View Post
                      Well, I won! I received the decision in the mail this morning, very surprised at the quick turnaround, but very happy!
                      I'm not all that surprised you won, but I am surprised at how quickly you heard. Apparently the employer not showing for the hearing worked against him, as I thought it might. Good for you.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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