08. Filing for Benefits, Reporting

Clore v Jefferson North Assembly – 8.08

Clore v Jefferson North Assembly
Digest no. 8.08

Section 28

Cite as: Clore v Jefferson North Assembly, Unpublished Opinion of the Macomb County Circuit Court, Issued Nov. 23, 2005 (Docket No. 2005-1138-AE).

Appeal pending: No
Claimant: Tonia Clore
Employer: Jefferson North Assembly
Docket No: 177909W
Date of decision: November 23, 2005

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HOLDING: A one-time inadvertent act, such as a single failure to call MARVIN due to an honest mistake, qualifies as “good cause” and will therefore not in itself disqualify claimants from receiving unemployment benefits.

FACTS: Claimant Clore reported to MARVIN on the wrong day one week due to an honest mistake, and as a result was denied three weeks of unemployment benefits. Claimant had been diligent in calling MARVIN both before and after the instance of failing to call on the correct day. Claimant argues that this error should be excused as a simple mistake and not be used as a basis of penalizing her, while Appellee argues that this does not qualify as “good cause” under the statute.

Claimant appealed her disqualification to the ALJ who affirmed the determination disqualifying Claimant for the weeks in dispute. This decision was subsequently affirmed by the Board of Review. The Board of Review then denied a request for rehearing, and Claimant appealed both decisions to the Circuit Court.

DECISION: The Circuit Court reversed the decision of the Board of Reviewing finding Claimant disqualified from receiving unemployment benefits for the three week period in dispute.

RATIONALE: Although a single failure to call into MARVIN or any sort of other one-time inadvertence is not included in the statute, the Circuit Court holds that the statute was not intended to be an exhaustive list of what constisutes good cause. Further, given the purpose of unemployment insurance, the statute should be construed liberally to grant assistance to those in need, and read restrictively in denying such assistance.

Digest Author: Nick Phillips
Digest Updated: 8/14