Skip to Main Content
Employment Development Department
Employment Development Department

Miscellaneous MI 40 - Reason for Decision

Employer Timeliness - Rulings

I. Favorable Ruling

A. Not the Last Employer

You were shown as the last employer in error. As a base period employer, however, you are entitled to a ruling. Your account is not chargeable for any benefits paid to the claimant as a result of this separation.

II. Unfavorable Rulings

AA. Part-time Employment Status

Even though the claimant is still employed by you part-time, a favorable ruling cannot be issued. The claimant either was not employed substantially in the same employment or had excessive earnings during his/her period of employment or the employment did not begin in, or prior to, the base period of the claim.

BB. Insufficient Employer Information to Give Favorable Ruling -Quit

You have informed the Department that the claimant quit. The Department has been unable to obtain further information from you to establish that the claimant quit without good cause.

CC. Insufficient Employer Information to Give Favorable Ruling -Discharge

You have informed the Department that the claimant was discharged. The Department has been unable to obtain further information from you to establish that that the claimant was discharged for misconduct in connection with work.

DD. Not the Last Employer

You were shown as the last employer in error. As a base period employer you are entitled to a ruling. (Use the appropriate Reason for Decision from VQ or MC.)

EE. Failure to Respond to Part-Time Employment Questions

The Department has been unable to obtain further information from you to establish if part-time employment criteria has been met. Even though the claimant may still be employed by you part-time, a favorable ruling cannot be issued.

FF. FO Directed by ALJ or Board to Issue Ruling

This ruling is based on the appeals decision # (appeal decision number) dated (date the appeal decision was mailed).

NOTE: MI 40 FF is used when a ruling is being issued in conformity with a prior ALJ or Board decision.