Unemployment benefits and terminations due to "good cause" workplace absences -- A look at Nichols v Auto Club Services, Inc

In Nichols v Auto Club Services, Inc, No. 322231 (Mich Ct App November 19, 2015) (an unpublished opinion) the Michigan Court of Appeals reversed lower tribunals who disqualified a former employee from unemployment benefits due to the employee's workplace absences. The Michigan Court of Appeals held that the lower tribunals, including an Administrative Law Judge and Circuit Court judge, erroneously found that the employee's workplace absences constituted "misconduct" under MCL 421.29(1)(b) because they failed to determine that the employee's absences were "without good cause." For example, in Nichols the employee's medically-related reasons for her absences were uncontradicted by the evidence submitted by her employer.

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