After reading their definition which basically says it must be "willful disregard of an employer's interest", I feel that my unemployment claim should have been approved. I made a mistake and released someone's medical records wrongfully. I can understand their reason for firing me, but the company's definition of misconduct and the state of Michigan's definition vary. Hypothetically, if I made 100 mistakes on my job that should lead to my termination, as long it was not intentional, according to the state of Michigan I should be qualified for unemployment. The state's definition does say that "inefficiency at one's job" does not constitute "misconduct". Does this make sense or am I crazy? Please give me your insight, especially if you have a legal background...
•3 hours ago
•- 4 days left to answer.
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To clarify, it was a "serious" violation and I'm not surprised that they fired me. The question is, does this constitute "willful intent". Furthermore, I have a letter from my supervisor stating that it was a mistake. Additionally, I process 500+ records a week by myself for over 6 years. Isn't it unrealistic to think that errors won't happen in a manual system? It comes back to the definition of "misconduct" and "willful intent".
3 hours ago
here is the formal definition of "misconduct":
B. Misconduct (MCL 421.29)
1. Definition:
"[T]he term 'misconduct' . . .is limited to conduct evidencing
such wilful or wanton disregard of an employer's interests as is
found in deliberate violations or disregard of standards of
behavior which the employer has the right to expect of his
employee, or in carelessness or negligence of such degree or
recurrence as to manifest equal culpability, wrongful intent or
evil design, or to show an intentional and substantial disregard
of the employer's interests or of the employee's duties and
obligations to his employer. On the other hand mere
inefficiency, unsatisfactory conduct, failure in good performance
as the result of inability or incapacity, inadvertencies or ordinary
negligence in isolated instances, or good-faith errors in
judgment or discretion are not to be deemed 'misconduct' within
the meaning of the statute." Carter v ESC, 364 Mich 538, 541;
111 NW2d 817 (1961).
zapata
appeal the decision by presenting the above at the hearing with the adjudicator,,,,,,,you can bring witnesses too,,,,,,maybe more worth your time to eat the six week penalty,i think this might happen,,,register with job service,and find a new gig,,,,tho a reversal of the deny decision might look better to a new employer
Orignal From: Tips: What is your interpretation of Michigan's definition of "misconduct" pertaining to unemployment & termination?
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