Basics

• Federal laws and the Michigan Employment Security Act provide the regulations for the Michigan unemployment benefits program. The Michigan Employment Security Act states that receiving a discharge for misconduct connected to the work makes you ineligible for unemployment benefits. The period of ineligibility is not a precise length of time. Rather, you have to find other employment and earn a certain amount of wages, then lose that job without being at fault, to regain your eligibility.
  
  

Penalty

• Under most circumstances, a termination for misconduct in Michigan requires you to earn 17 times your weekly unemployment benefits rate to regain eligibility. For example, if the state calculates your weekly rate to be $200, but rules you ineligible because of a discharge for misconduct, you would have to earn $3,400 through subsequent employment and lose that job without quitting for most reasons or without receiving a termination for misconduct. This provision also relieves the employer that terminated you for misconduct of the obligation to fund your benefits.
  
  

Considerations

• The penalty can be more severe for what Michigan law deems gross misconduct: criminal acts such as assault and battery, theft, willful destruction of property or use of a controlled substance. In those cases, you cannot receive unemployment benefits until you perform 26 "requalifying weeks," which are weeks in which you earn a certain amount of wages based on your previous earnings as defined by state laws. These misdeeds must take place at work to qualify as misconduct that would disqualify you from receiving unemployment benefits. Failing an employer-issued drug test is considered acceptable proof that a controlled substance was used.
  
  

Clarification

• The criteria for misconduct are subject to interpretation by Michigan courts if you appeal an unfavorable ruling by the state Unemployment Insurance Agency. In general, you must show an intentional or blatant disregard of your employer's interests to be guilty of misconduct. If your employer has discharged you for issues such as ineffectiveness on the job despite an honest effort or isolated cases of negligence or poor judgment, you probably will not be deemed guilty of misconduct. Your employer still has a right to fire you, but you would not face any penalty or delay in receiving unemployment benefits.