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Long v General Motors Corp 8.05

Section 28(1)(b)

FILING FOR BENEFITS, Late filing, Employer advice

CITE AS: Long v General Motors Corp., Wayne Circuit Court, No. 98-82160 (January 29, 1999).

Appeal pending: No

Claimant: Deborah Long

Employer: General Motors

Docket No. B96-05442-140554

CIRCUIT COURT HOLDING: A claimant who was misinformed by the employer as to the date of her layoff had good cause to excuse her late filing of a claim for benefits.

FACTS: Claimant worked half a day on Friday March 8, 1996 and was sent home and told by her foreman she was laid off effective Monday March 11, 1998. Claimant relied on this representation and information she received from her union in a letter which advised her to file her claim the week following her lay-off. She checked with several other union officials and employees and all advised her to "Go by the union letter." The claimant did not file her claim until Monday March 18, 1996

DECISION: The claimant had good cause for late filing and is not ineligible under Section 28(1)(b) of the Michigan Employment Security Act.

RATIONALE: The claimant clearly relied on the representations of the employer and her union. This reliance is allowed under MESC Administrative Rule 210(2)(c)(ii). The claimant reasonably relied on the employer's representation that even though she was sent home early on March 8, 1996 her lay off did not begin until Monday March 11, 1996. The court found "Although it may also have been reasonable to follow a different course of action, appellant (claimant) did not act unreasonably because she did not do so."


21, 16, d23: F

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