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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4536
Experience:  Exclusively practice labor and employment law.
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I am in MI. My husband was terminated due to child care

Customer Question

I am in MI. My husband was terminated due to child care issues therefore affecting his attendance. He was given a rework requirement. So what does he have to do? I have already protested the determination.
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
What does he need to do to get approved? What can he do to make his chances better?
Expert:  John replied 1 year ago.

This is a difficult one because there are a number of factors that go into whether a termination was for "misconduct" or whether it was "for no fault of the employee". The difficulty is that repeat attendance issues in spite of employer notice can be considered misconduct if the employee just ignores those warnings. On the other hand, if the employee can show that in spite of the employer's warnings, there was nothing he could do to avoid the attendance matter - i.e., acts of god, transportation problems...or even that emergency child care issues arose, then that is not the fault of the employee and is not misconduct.

So how can you make this a win-able case for him. First, your protest alone probably will not overturn the determination. Once the re-determination is issued, you'll need to appeal that to a hearing in all likelihood because they rarely overturn a determination. Also important to note is that, even though he's been denied, he still needs to certify with the UIA for the whole time while this process is going on.

When you get to the hearing, which can be quite some time form now, you'll need evidence (even if it is just his testimony) introduced on his behalf that shows:

  • He was not given a warning about attendance
  • He could not control the absences
  • perhaps the employer has paid leave that could have been used for this
  • perhaps others have been allowed absences at equal or greater frequency and maintained their positions.

The first two are the most important - the main thing in the hearing is to show that the absences were not just a disregard for employer policy or interests but, rather, there was a legitimate and emergency-like issue that arose in regard to the child care that could not be avoided given reasonable actions (i.e., he couldn't have planned around the matter to not be absent/late).

Expert:  John replied 1 year ago.

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