UIA v. Tear – 3.09

UIA v. Tear
Digest No. 3.09

Section 421.46

Cite as: Unemployment Insurance Agency v Tear, unpublished opinion of the State of Michigan Court of Appeals, issued December 10, 2015 (Docket No. 13-001038-AE).

Appeal pending: No
Claimant: Rachel Tear
Employer: N/A
Date of decision: December 10, 2015

View/download the full decision

HOLDING: Claimant is ineligible for unemployment benefits under MCL 421.46. The Circuit Court’s decision affirming that Claimant is eligible for unemployment benefits is reversed. The case is remanded for the entry of the order upholding the Agency’s denial of Claimant’s claim for benefits.

FACTS: Claimant was discharged from her job and subsequently filed a claim for unemployment benefits. The Unemployment Insurance Agency (“Agency”) denied her claim and found that she could not establish a benefit year under MCL 421.46. At the administrative law hearing, the ALJ reversed the Agency’s finding and found that a benefit year had been established because “Claimant’s high quarter wages were $2,883.00.”

DECISION: The ALJ’s finding that Claimant was paid $2,883.00 in a completed quarter is not supported by substantial and competent evidence. The Circuit Court’s conclusion that Claimant was paid more than $2,871.00 in a completed quarter is clearly erroneous.

RATIONALE: The court referred to the definition of “benefit year” in MCL 421.46(c), the definition of a “base period” in MCL 421.45, and the definition of “calendar quarter” in MCL 421.47 to determine Claimant’s eligibility for unemployment benefits.

Under those provisions, Claimant was required to have been paid at least $2,871.00 in at least one completed calendar quarter in the first four of the last five completed calendar quarters before filing her claim. Claimant would need to meet that requirement to establish a benefit year. In this case, Claimant only made $1,958.30 for the entire calendar year.

Although MCL 421.45 provides an alternative base period if a claimant cannot meet the above requirement, Claimant in this case still did not earn enough to establish a base period under MCL 421.45.

Digest author: Rita Samaan, Michigan Law, Class of 2017
Digest updated: 10/31/2017