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I was denied unemployment 2 years ago from my employer who now gives bad references and cannot find a job, can I still appeal?

Port Huron, MI |

I have Crohn's disease and was going through a particularly rough patch and was missing alot of work. I was fired and I filed for unemployment and they denied me. I did not appeal. That was a mistake. Since then I have been looking for a new job and no one wants to hire me. When I do get an interview, the general manager of the store gives me a bad reference and talks about how bad my attendance was.
Is it too late for me to try and fight, because we are really struggling here, and having your last job from 2 years ago giving out horrible references, something needs to happen!
Thank you for your time

Attorney Answers 1


I'm sorry to inform you that you are much too late to appeal your unemployment denial. The normal appeal period is 30 days. You can appeal from 30 days after the determination until a year after if you have "good cause." Now, even with good cause, you are too late.
Your rights may (or may not) have been violated under the Family Medical Leave Act (FMLA). The deadline to file suit under this law is 3 years for a "willful violation" and 2 years for violations that are not willful. You may (or may not) also still have rights under the Michigan Persons With Disabilities Civil Rights Act. Consult with an attorney promptly to understand and maintain any rights you may have.
...Do you think the general manager's references are knowingly untruthful? Usually employment references have at least qualified immunity from defamation suits but if the general manager told lies about you and he knew he was telling lies about you, perhaps there is a possible claim.

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Thank you, that is what I figured. He is not being untruthful technically, but I thought it was the law that they are only needed to confirm my employment, not to say any negatives. Maybe I was misinformed. Either way 2 years is too long. It just really makes it hard to find new employment.

Marc Aaron Asch

Marc Aaron Asch


I think you are confusing the policies of some employers with the law. Some employers have a policy that they only confirm the dates of employment and say nothing more, positive or negative. Employers can make such policies but are not required by law to have such policies.

Marc Aaron Asch

Marc Aaron Asch


...MCL 423.506 regulates divulgence of disciplinary actions. You can view this provision here:

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