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Syntax Corp v Armbruster 12.05

Section 29(1)(b)

MISCONDUCT DISCHARGE: Misrepresentation of qualifications

CITE AS: Syntax Corp. v Armbruster, No. 66425 (Mich App November 1, 1983).

Appeal pending: No

Claimant: Lynn Armbruster

Employer: Syntax Corporation

Docket No: B79 20775 71380

COURT OF APPEALS HOLDING: The evidence does not reach the level required to meet the "misconduct" standard.

FACTS: A Referee found that claimant was discharged for misconduct, apparently believing she could not perform at the level she said she could in the job interview. On appeal, the Board of Review reversed, holding that employer had not met its burden of establishing that claimant so overstated her secretarial abilities during the job interview as to be disqualified for misconduct under the statute. The Circuit Court affirmed the decision of the Board of Review.

DECISION: The claimant is not disqualified under Section 29(1)(b) of the Act.

RATIONALE: The Court adopted the language of Dunlap v MESC, 99 Mich App 400, 403; 297 NW2d 682 (1980), Lv den 411 Mich 904 (1981) which says:

"In this case, the act upon which the conclusion of misconduct was based occurred prior to employment. Every minor misstatement on an employment application does not constitute statutory misconduct of a level to justify denial of payment of unemployment compensation benefits."

In the within case, as in the cited cases, the evidence does not reach the level required to meet the "misconduct" standard. On the contrary, during a five hour interview, plaintiff-employer did little or nothing to test whether defendant Armbruster met the standard that plaintiff now asserts must be met. Whether or not her skills were adequate for the job, there is no evidence that defendant misrepresented them to the degree equivalent to misconduct under the statute.


6, 14, d3:NA

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