Manda L. Danieleski

Latest Verdicts

A note about "verdicts;" I do not publicize verdicts and settlements in civil matters unless it is reported online or in the newspaper. I find this to be a good practice. Virtually all settlements are confidential and the amount cannot be disclosed. Unemployment verdicts however are not confidential or subject to settlement agreements so results can be posted on this site.

2017 UNEMPLOYMENT VERDICTS

  • October 4, 2017 Jane Doe v. Bankers Life Casualty. Claimant found not disqualified from receiving benefits under the misconduct provisions of the Act. Administrative Law Judge Dahlquist found that the Claimant was terminated based on hearsay and had performed her job to the best of her abilities and without any incidents of discipline prior to discharge. Claimant had been accused of having a felony conviction (hearsay) which was a disqualifying factor in the position held by Claimant.
  • September 21, 2017 John Doe v. Schwan's Home. Claimant found not ineligible for benefits under the misconduct provisions of the Act. Claimant worked as a salesperson for Schwan's for 27 years prior to discharge. The employer failed to produce evidence that claimant engaged in any disqualifying wrongdoing or disregard of employer's standards. Claimant awarded full benefits.
  • September 6, 2017. John Doe v. Griffin Pest Solutions. Claimant established good cause for late appeal under Section 32a(2) of the Act. Claimant's attorney was not sent a copy of the redetermination and that was sufficient cause to justify an appeal filed five days late. Further, Claimant was not disqualified from receiving benefits under the misconduct provision of the act although he had been accused of falsifying time records and terminated. Claimant established that he had permission from his supervisor to clock in when he started work at home rather then when he arrived at the first customer's home because the employer did not have a local office and he was required to keep chemicals and tools at his home. Claimant awarded full UIA benefits as a result of the hearing which took place in front of Administrative Law Judge Douglas Wahl.
  • August 16, 2017. John Doe v. Nexteer Automotive Corporation. Claimant appealed the Agency's June 12, 2017 Adjudication finding him disqualified for benefits under the misconduct provisions of the Act. The employer claimed that Claimant made threats of violence in the workplace which the Claimant denied. Administrative Law Judge Nancy Bondar reversed the Agency Adjudication and found him not ineligible for benefits. The Judge also found that he was not ineligible under the reporting provisions of the Act where he followed the instructions given by an Agency representative and where he remedied the problem at issue immediately.
  • June 27, 2017. John Doe v. Saginaw Control and Engineering. Claimant reversed the Agency's May 25, 2017 adjudication finding him ineligible for benefits from March 19 to April 8, 2017 due to his failure to certify in a timely fashion (he had called a week late due to an error on his part). Claimant established good cause for late certifying by showing a good faith attempt to timely certify.
  • June 7, 2017 John Doe v. Crumbs Gratiot Place. Claimant was found to have established good cause for late appeal and defeated an allegation that he voluntarily quit. The administrative law judge found that where the employer reduced his hours and barred him from going behind the counter to check the schedule he was fired for the purposes of the act. Claimant was found not disqualified for benefits.
  • May 26, 2017. John Doe v. Hillhaven Farms, Inc. Claimant reversed a finding of the Agency holding him disqualified for benefits under the misconduct provisions of the Act. The employer accused Claimant of stabbing cows with needles, forcefully breaking off a cow tail and aggressive behavior toward coworkers. Administrative Law Judge M. Howie found, after a two session hearing, that Claimant had been trained to move cows by wiggling the tails and by poking the cow with needles by a lead co-worker. Also, she found that Claimant changed his behavior once management spoke to him about his behaviors. She also found that Claimant acted appropriately during a verbal altercation where he was called the "n" word. The Judge found that the evidence was insufficient to support a finding of disqualifying misconduct. The Agency's March 21, 2017 adjudication was REVERSED.
  • April 13, 2017 John Doe v. Reynolds, Smith and Hills Inc. Claimant was facing restitution and penalties relating to a severance payment made upon conclusion of employment. Employer erroneously reported the payment to the agency and Claimant proved at hearing that he received the monies in lump sum and that all earnings were properly reported. Claimant was found not ineligible for benefits under the Act and no restitution or penalties were applicable.
  • February 21, 2017. Jane Doe v. St. Francis Home. Claimant was accused of neglecting a patient and not being a team player at work. Claimant had been employed since 2007, had satisfactory performance reviews, and worked as a full-time CNA. Claimant received progressive discipline prior to discharge. The ALJ found that the employer failed to meet its burden of establishing that Claimant engaged in violations of the Employer's standards of performance. Claimant performed her job to the best of her ability and thus the ALJ found that Claimant was not disqualified for benefits under the misconduct provision of the Act.
  • February 3, 2017. Jane Doe v. Mclaren-Lapeer Region. Claimant was accused of sleeping on the job. After hearing, Claimant awarded full benefits after establishing the employer was not harmed, that Claimant was on a break, and the evidence presented did not rise to the level of disqualifying misconduct.
  • January 31, 2017. John Doe v. Saginaw Control and Engineering. Claimant reversed agency finding of misconduct. Claimant argued that urinating out of doors in an emergency situation was a single incident of poor judgment that did not constitute disqualifying misconduct.
  • January 19, 2017. John Doe v. DS3 Ventures LLC. Claimant awarded full benefits after hearing. Employer had provided progressive discipline for absences and tardies. Claimant established no misconduct occurred since the last absence was due to a mistake in his understanding of the schedule.
  • January 19, 2017. Jane Doe v. Generations Healthcare. Claimant found to meet the ability provisions of the Michigan Employment Security Act after hearing. Claimant was available and able for suitable full-time work.
  • January 18, 2017. John Doe v. Coca Cola Refreshments USA Inc. Claimant established that he was not guilty of misconduct. Claimant was on Workers' Compensation, working light duty, for the employer. He was compensated for time spent attending doctor's appointments as part of his light duty assignment. Employer accused him of time card fraud however it was his supervisor who advised Claimant to document his time in the manner he did. Benefit to claimant: 20 weeks of benefits paid effective January 23, 2017.

2016 UNEMPLOYMENT VERDICTS

  • November 22, 2016 Jane Doe v. Memorial Healthcare Center. Claimant awarded full UIA benefits after hearing. Employer argued that Claimant was guilty of misconduct as defined by the Act. Claimant argued that she always did the job to the best of her ability and did not intentionally violate any rules or regulations of the employer.
  • October 7, 2016. John Doe v. Bell Warehouseing & Manufacturing. Claimant appealed a 2012 agency finding of ineligibility and misrepresentation. The findings resulted in significant penalties, restitution and garnishment proceedings. After a hearing, Claimant was found not inelibile, not guilty of misrepresentation and the Agency was ordered to refund all monies collected from the Claimant.
  • October 5,2016. John Doe v. Owosso City. Claimant was accused of misconduct in the context of work. He was involved in an accident involving a motorcycle which resulted in personal injury. Claimant established that he used due care and that it was a dangerous intersection. Claimant was awarded full benefits after a hearing in front of the Administrative Law Judge.
  • September 30, 2016.  John Doe v. Central Transport LLC.  Claimant reversed agency adjudications finding that he voluntarily quit, was guilty of intentional misrepresentation and had filed late appeals.  Restitution and penalties exceeded $11,000 before he retained an attorney.  After hearing, Claimant was found to be not responsible for penalties or restitution and was found to have left his employment with good cause attributable to the employer.
  • September 7, 2016 John Doe v. TDS Pharmacy Inc., Claimant awarded full benefits after proving that he did not engage in disqualifying misconduct by refusing to lift a medical device that was heavier than he was physically able to handle.
  • July 12, 2016. Brandon McAllister v. Township of Bridgeport. Termination of Plaintiff's employment as a police office with the Bridgeport Township Police Department, allegedly in violation of the PWDCRA. Read more.
  • June 16, 2016. Jane Doe v. Hospitality House. Claimant successfully argued that she was not guilty of misconduct or misrepresentation. Further, good cause for late appeal was shown by proving that Claimant changed her address with the UIA but for some reason, the agency did not update the computer system causing her to not timely receive important paperwork. Benefit to client: NO RESTITUTION OWED; NOT DISQUALIFIED FOR BENEFITS.
  • June 10, 2016 Jane Doe v. Regina-Andrew Design, Inc. Claimant found not disqualified for benefits after establishing that she met the ability requirements of the act and that, despite being medically restricted, she was able to perform work for which she had prior training and experience on a full-time basis.
  • June 1,2016. Jane Doe v. Iosco County. Claimant successfully appealed a finding of disqualifying misconduct. Claimant established that she was not insubordinate and that she was taking a break afforded to her by the applicable collective bargaining agreement. Benefit to Claimant: full benefits.
  • May 27, 2016 Jane Doe v. Ryan D. Schlict. Claimant awarded full benefits after successfully arguing that her employer had failed to meet its burden of proof regarding disqualifying misconduct. Claimant established that she did not illegally bind policies or falsify commission reports.
  • April 25, 2016 Jane Doe v. Mid-Michigan Gladwin Pines. Claimant was alleged to be unable to work and on a leave of absence disqualifying her for unemployment benefits. A hearing was held on April 25, 2016 and the administrative law judge found that the claimant was able to work full time at her normal positions without restriction and that the fact that the employer placed her on an involuntary leave of absence was "inappropriate and not legally binding on her."
  • February 26, 2016 John Doe v. Elite Leasing and Staffing Inc. Administrative Law Judge Nancy L. Bondar found in favor of Claimant on issues pertaining to allegations of refusal of assignment and fraud/misrepresentation to the Bureau. Benefit to Claimant: in excess of $29,000.00.

2015 UNEMPLOYMENT VERDICTS

  • December 8, 2015 John Doe v. Tradesman International Inc. Claimant successfully argued that he was not "employed" as defined by the Act and was thus entitled to and eligible for benefits.
  • August 24, 2015 John Doe v. Nexteer. Claimant established that he was not guilty of misconduct by showing he had authority to change pay classifications to higher rates of pay. Thus, the employer failed to show "misconduct" relating to alleged falsification of documents due to the changes in pay classification for employees in the Claimant's department. Benefit to Claimant: full UIA benefits.
  • September 17, 2015 Jane Doe v. Crystal Lake Clinic PC. Claimant successfully argued that absences related to a work related injury were not misconduct as defined by the Act. Benefit to client-full UIA benefits.
  • September 4, 2015 Jane Doe v. Sanilac County. Claimant awarded full unemployment benefits after showing she did not engage in misconduct by sending a "threatening" text to a coworker and making comments in front of a resident of the facility.
  • September 1, 2015 John Doe v. Jamesville Acoustics. Claimant successfully argued that he was not restricted by any healthcare provider after his termination and thus should not be disqualified under the ability provisions of the Act.
  • August 24, 2015 John Doe v. Capital Equipment of Clare LLC. Claimant awarded full unemployment benefits after establishing that absences due to work related injury were not misconduct as defined by the Act.
  • Jane Doe v. Hospice of Michigan Inc. Claimant awarded full unemployment benefits after arguing that because she had a valid authorization to view a patient's records she did not violate any privacy laws and thus was not guilty of misconduct.
  • August 7, 2015 John Doe v. Smith Machine and Grinding. Claimant successfully reversed an agency finding that he was guilty of misconduct. Employer argued that Claimant was involved in an altercation with a girlfriend at a local gas station resulting in a PPO. Claimant denied that he was at the gas station on the date in question, argued that the PPO was being used as a sword in a custody dispute, and that the employer's true motivation was to retaliate against him because he was a whistleblower. Benefit to Claimant: full UIA benefits.
  • August 6, 2015 Jane Doe v. Genesys Regional Medical Center. Claimant successfully overturned agency findings of fraud, misconduct and an order of restitution. ALJ found that Claimant left her employment with good cause attributable to the employer and chastised the employer's agent for providing false and misleading information to the agency.
  • July 16, 2015 Jane Doe v. Healthsource Saginaw. Claimant awarded benefits after rebutting employer's allegations of misconduct in a healthcare setting where claimant was accused of leaving controlled substances unattended. Benefit to client: full unemployment benefits.
  • July 14, 2015 John Doe v. Highwood Die Engineering Inc. Claimant timely appealed agency decisions finding him guilty of misrepresentation and subjecting him to fraud penalties under the act. The ALJ was persuaded by his testimony that he received incorrect information from the Pontiac Problem Resolution Office upon which he relied. The ALJ overturned the agency decision and the benefit to Claimant was relief from fraud penalties in excess of $35,000.
  • June 25, 2015 John Doe v. Wal-Mart Associates. Claimant successfully argued that his absences resulting in his termination were medical in nature and out of his control defeating Wal-Mart's argument that he was guilty of misconduct. Benefit to client-full UIA benefits.
  • June 23, 2015 Jane Doe v. Chemical Bank. Fully favorable opinion for Claimant on issues of eligibility and fraud.
  • June 9, 2015 Jane Doe v. Memorial Healthcare Center Claimant timely appealed an agency finding that she was disqualified for benefits under the misconduct provisions of the act. Claimant established that although the employer could establish that she had made mistakes, they were human errors and she always tried to do her difficult and fast paced job to the best of her abilities. The ALJ found that Claimant was not disqualified under the misconduct provisions of the act. Claimant awarded full unemployment benefits.
  • June 4, 2015 John Doe v. Trimet Industries, Inc. Claimant appealed an adverse redetermination of the agency finding him disqualified for benefits under the voluntary leaving provisions of the act. The ALJ found that he was in reality fired and that the employer failed to prove misconduct in connection with work. Claimant awarded full benefits after hearing.
  • June 8, 2015 Jane Doe v. Aspen Dental Management Inc. Claimant appealed a finding of misconduct relating to use of profanity in the workplace. On appeal, the ALJ found that her profanity was out of character and an isolated incident. An ability issue was also resolved in her favor. Claimant awarded full benefits after hearing.
  • May 29, 2015 John Doe v. Speedway LLC. Ability and Misrepresentation issues came out in favor of Claimant. Over a $37,000 benefit to client after primary benefit and penalty assessments withdrawn after hearing.
  • May 6, 2015 John Doe v TIG Entity LLC. Claimant awarded benefits after successfully arguing that misconduct did not exist where claimant failed to attend a "mandatory" meeting. Also, claimant failed to register for work prior to calling MARVIN and we successfully argued that since it was his first claim, he misunderstood the requirements and was not ineligible.
  • April 23, 2015 John Doe v Filtrona porous technologies. Claimant successfully argued that he should not be disqualified for unemployment benefits under the misconduct provisions of the act. Plaintiff refused to shave his beard which was a requirement of his position and was necessary for the use of a respirator. Since the claimant was never warned this could result in his termination he was successful in his appeal.
  • April 3, 2015 John Doe v. Delisle Lawn Care and Landscaping. Claimant was awarded full unemployment benefits after hearing. Claimant was disqualified by the Agency for being unable to perform full-time employment due to assault and battery by his boss, the owner of Delisle. Convincing argument was made to the Judge that he had preformed light duty in the past and that he had no physical restrictions from performing light duty work on a full-time basis.
  • April 3, 2015 John Doe v. Eby Brown Company LLC Claimant awarded full unemployment benefits after showing he did not voluntarily quit and was discharged for reasons which did not constitute misconduct. It was also established that although he was restricted to seated work, he had previous work experience in positions which were light duty and thus he was available for full-time work at all material times. Finally, Claimant established good cause for failing to timely register with MARVIN due to misunderstanding his obligations to appear in person to register.
  • March 20, 2015 Jane Doe v. Lutheran Social Services of Michigan. Successfully argued that Claimant left work with good cause attributable to the employer. She testified as to a litany of issues which weighed into her decision to resign her position. The issues included insufficient staffing, no break or lunch periods, nursing and medication errors, poor patient care and low employee morale. She also testified that she informed her supervisors regularly as to her concerns without remedial action being taken. Benefit to client: full unemployment benefits.
  • February 10, 2015 John Doe v. Loose Plastics, Inc. Claimant awarded benefits after successfully arguing that he did not refuse a post industrial incident drug test but rather sought to delay the test for a short period of time as he needed to attend a doctor's appointment with his daughter who was to undergo heart surgery the following day at the University of Michigan Medical Center.
  • January 25, 2015 Jane Doe v. Wolverine Bank. Claimant found not disqualified for benefits after hearing. Claimant lost her drivers license and employer unsuccessfully argued that the drivers license was a requirement of her job.
  • January 15, 2015 Jane Doe v. JCPenny Corp Inc. Claimant overturned an agency ruling that she was guilty of fraud/misrepresentation and owed quadruple restitution. Benefit to client: in excess of $60,000.
  • January 13, 2014 John Doe v. Chesaning Union Schools. Claimant overturned an agency ruling finding him guilty of misconduct due to protected speech relating to new laws relating to teacher evaluations. Claimant discussed guns and going postal in school setting. Convinced administrative law judge that although maybe improvidently worded, his heart was in the right place and he was exercising his First Amendment rights. The intent of his communication to express his fear that the evaluation process could cause violence in the school setting. Benefit to client-full unemployment benefits.
  • January 6, 2015 John Doe v. Wysong Corp. Employer failed to prove misconduct in connection with work. Successfully overturned an August 2014 agency adjudication which held claimant disqualified for benefits. Claimant awarded full UIA benefits.

2014 UNEMPLOYMENT VERDICTS

  • December 22, 2014 John Doe v. JB Hunt Transport Inc. reversal of a bureau redetermination holding claimant disqualified for benefits due to voluntary leaving. Claimant found to be qualified for UIA benefits after hearing.
  • October 24, 2014 John Doe v. C & S Motors, Decision in favor of Claimant on good cause for late filing, misconduct and fraud/misrepresentation. Claimant had difficulty with the MiWAM system resulting in not seeing notices from UIA. Benefit to Claimant was in excess of $44,575.00
  • September 26, 2014. Jane Doe v. Fenton Healthcare, LLC. Claimant was employed as a CNA. The employer alleged she was fired for throwing a sandwich at a resident. Claimant denied the allegations and the Judge agreed that the employer failed to meet the burden on a misconduct case. Claimant awarded full unemployment benefits.
  • September 22, 2014. John Doe v. The Home Depot. Claimant awarded full unemployment benefits after successfully arguing that he was not guilty of misconduct. Employer had accused him of violating code of ethics during interaction with coworker.
  • September 18, 2014. John Doe v. Dollar General. Claimant awarded full unemployment benefits after successfully arguing that employee did not knowingly violate company policy when he gave damaged product to a coworker that was slated for the trash.
  • September 12, 2014. Jane Doe v. Michigan Blood. Claimant awarded full unemployment benefits after successfully arguing that the employer failed to prove misconduct in connection with work.
  • September 4, 2014. Doe v. McLaren-Bay Region. Claimant awarded full unemployment benefits after successfully arguing that she was not guilty of disqualifying misconduct and was following the orders of a treating physician.
  • June 6, 2014 Jane Doe v. Skoric Hearing Aid Central LLC, Claimant awarded unemployment benefits and successfully argued voluntary leaving with good cause attributable to the employer after Claimant was accused of theft. Employer argued the Claimant was offered a "demotion" but the Administrative Law Judge found the "offer" to be disingenuous and not credible.
  • May 8, 2014 Doe v. General Motors Corp. Reversed fraud and misrepresentation (restitution ordered under sections 62(b) and 54(b)) penalty assessment premised on receipt of social security and unemployment benefits at the same time. Value to client-in excess of $150,000.
  • May 13, 2014 Doe v. Peplinski Investment, Inc. Overturned an Agency determination which held claimant disqualified for benefits under the misconduct provisions of the Act. Client awarded full UIA benefits.
  • May 16, 2014 Doe v. JD Metalworks, Inc. Successfully argued that client's lawful use of medical marijuana should not disqualify him from unemployment benefits. Claimant awarded full UIA benefits.
  • February 26, 2014- Doe v. Aspen Dental. Successfully appealed a January 7, 2014 agency adjudication finding claimant disqualified for benefits due to "misconduct." Convinced the Administrative Law Judge that the employer's proofs did not establish that claimant deliberately falsified information on credit applications or that she gained any advantage in gaming the application process. Outcome: Claimant is entitled to benefits for each week claimed.
  • January 17, 2014 Doe v. Frankenmuth Mut'l Ins. Co., successfully overturned an agency redetermination finding Claimant disqualified for benefits as a result of voluntarily leaving her position. We argued to the Administrative Law Judge that a medical leave was not a voluntarily leaving and as such, upon her release to work she was eligible for benefits.

2013 UNEMPLOYMENT VERDICTS

  • October 22, 2013-Finding claimant not disqualified for benefits for misconduct (client accused of abuse and mistreatment of elderly residents). Value to client-award of full unemployment benefits. Doe v. Saginaw Senior Care and Rehab.
  • October 16, 2013-Finding claimant not disqualified for benefits for misconduct and/or voluntary leaving (client did not report to work for 3 days due to offensive comments in workplace). Value to client-award of full unemployment benefits. Doe v. EL Hollingsworth Co.
  • August 26, 2013-Finding claimant not disqualified for benefits (claimant accused of theft) AND reversal of fraud finding. Value to client $45, 897.70! Doe v. TCF Bank
  • April 30, 2013-Finding claimant not disqualified for benefits for “voluntary leaving work.” Client accused of resigning when she failed to timely renew a license needed to perform her job. Value to client $5,540 (plus applicable extensions). Doe v. Total Renal Care, Inc.
  • June 20, 2013-Finding claimant has shown good cause for late appeal due to address change. Allowing claimant to challenge fraud finding and quadruple restitution of $23,168.
  • July 29, 2013-Reversal of fraud finding. Value to client $23,168!
  • June 26, 2013-Finding claimant not disqualified for benefits for misconduct (client sent personal email at work) resulting in reversal of May 20, 2013 adjudication which held claimant disqualified for benefits. Value to client $6,154 (plus applicable extensions) Doe v. Menard, Inc.
  • August 5, 2013-Finding claimant not disqualified for benefits. Claimant had been accused of improperly passing medication to residents of a nursing home. Value to client: Full unemployment benefits awarded. Doe v. Iosco Medical Care Facility.
  • June 7, 2013-Finding claimant not disqualified for benefits for misconduct (client made Facebook posting and emails to a coworker that employer argued was in violation of policy). Value to client-award of unemployment benefits. Doe v. Dow Chemical Employee Credit