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Clarke v North Detroit General Hospital 10.48

Section 29(1)(a)

VOLUNTARY LEAVING, Discharge or leaving, Prerequisite of employment, State licensing requirement

CITE AS: Clarke v North Detroit General Hospital, 437 Mich 280 (1991).

Appeal pending: No

Claimants: Edna T. Clarke; Toni R. Dawson

Employers: North Detroit General Hospital; Detroit Receiving Hospital

Docket Nos: B85 06161 100961; B85 06779 100382W

SUPREME COURT HOLDING: The claimants did not leave work voluntarily when they were discharged after failing the nursing board licensing examination.

FACTS: Both claimants were graduates of college-based nursing programs. Following their graduations they obtained temporary state nursing licenses as required by statute which permitted them to work as graduate nurses. In order to obtain a permanent license as a registered nurse, both were required to take and pass the state licensing exam. Both took the exam. Both failed. As a result they both lost their temporary licenses and employment as graduate nurses, consistent with the policies of their employing hospitals. Neither quit nor willingly resigned.

DECISION: The claimants are not disqualified from receiving unemployment compensation benefits.

RATIONALE: The claimants did not voluntarily leave their employment. Rather, they were discharged by the employers after failing the licensing examination. The employers did not allege misconduct, negligence or illegal acts and there was no evidence that either claimant was negligent in preparing for or taking the examinations. Fault cannot be ascribed to the claimants merely because they failed the examination.


6, 15, d11:E

3, 6, d9:NA

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