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Veteran's Thrift Stores, Inc. v Krause 12.18

Section 29(1)(b)

MISCONDUCT DISCHARGE, Absences, Burden of proof, Shifting burden of proof

CITE AS: Veterans Thrift Stores, Inc., v Krause, 146 Mich App 366 (1985).

Appeal pending: No

Claimant: Jayne A. Krause

Employer: Veterans Thrift Stores, Inc.

Docket No: B83 15758 93527

COURT OF APPEALS HOLDING: "Once the employer raises the issue of disqualification for misconduct under Section 29(1)(b) and submits evidence of a number of absences which, if unsupported by sufficient reasons, are so excessive as to constitute misconduct within the contemplation of this Section, then the burden is upon the claimant to provide a legitimate explanation for the absences."

FACTS: During November 15, 1982, to March 2, 1983, claimant logged six absences due to personal illness and one related to the illness of a relative. With one exception, claimant failed to submit documentation supporting the claimed illnesses.

DECISION: The burden of proof is upon the claimant; therefore, the case is remanded to the Board of Review.

RATIONALE: "The relevant facts are entirely in the hands of the claimant and, for all practical purposes, cannot be discovered by the employer."


3, 11:NA

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