I have been working a midnights job for well over a year now. I recently moved about 45 minutes away from work, in order to attend school. My classes (all evenings) run late, and with the drive, it looks as though I may be reporting late to work on the days I have school (3 days a week). My employer told me I can be fired if I show up late. In November, I requested a transfer, and mentioned I was moving, and in January when I had officially moved and was officially signed up for school, again requested a transfer.
My question is this: Would I win an unemployment claim in Michigan if I was fired because I was showing up late to work, because I was in class?
Some say yes – hands down, some say no – immediate disregard for your employers best interest.
I AM available to work, if I were to find a new job, just as long as it’s closer to where my new home/school are, or if it was on a day shift instead of midnights. The drive is what’s going to make me late to work.
What do you think?
Hi,
No. I don’t think you would collect unemployment.
The relevant facts:
You moved to be closer to school. The employer is not the party that changed the conditions of the work for you.
You are asking the employer to make an exception to their attendance policy which they must “uniformly enforce” .. if they make the exception for you .. they would be hard pressed to defend any other position for another employee who claimed it was not uniformly enforced.
Your need to attend school does not remove your obligation to adhere to the employer’s policy .. and the conditions of hire.
The request for the transfer might be an arguable point, but without reading the policy for transfer requests .. I think it would be a weak argument at best.
I suggest you read the “precedent decisions” for Michigan unemployment.
This is how you make an informed decision for yourself .. you find out how Michigan rules on different subjects of unemployment.
When it comes to a battle between school or work, the unemployment laws almost always favor the the side of work.