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Hernandez v First of America 12.42

Section 29(1)(b)

MISCONDUCT, Absence, Failure to call

CITE AS: Hernandez v First of America, No. 8994 (Mich App May 12, 1987).

Appeal pending: No

Claimant: Estrellita Hernandez

Employer: First of America

Docket No: B83 19184 96390W

COURT OF APPEALS HOLDING: While matters beyond a claimant's control may excuse an absence, the claimant's failure to notify the employer of the absence, if within his or her ability, may in and of itself be disqualifying.

FACTS: The claimant, a mortgage clerk, was returning to Michigan from a vacation in Texas. Along the way the claimant experienced difficulties with her vehicle which prevented her from returning to the work place in a timely fashion. Claimant was expected back at work on Monday, August 22. She did not call the employer until Friday, August 26. During her absence the claimant did not make any effort to notify the employer of her circumstances even though she readily could have done so, and she was aware the employer was short of staff at the time. She did not report back to work until August 31 when she was terminated.

DECISION: By affirming the circuit court the Court of Appeals also affirmed the findings of both the Board of Review and the Referee. Claimant is disqualified for misconduct.

RATIONALE: Employees have an obligation to be timely in their attendance. If they are not able to do so they are obliged to notify the employer. The failure to do so in this case supports a finding of misconduct.


3, 11:NA

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