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Smith v Centerline Public Schools 12.100

Section 29(1)(b)

MISCONDUCT, Intoxication, Evidence

CITE AS: Smith v Centerline Public Schools, Macomb Circuit Court No. 97-5843-AE (May 8, 1998).

Appeal pending: No

Claimant: Roger Smith

Employer: Centerline Public Schools

Docket No. B96-12907-R01-143397W

CIRCUIT COURT HOLDING: A finding that the claimant was intoxicated is supported by competent, material and substantial evidence when there is testimony the claimant's eyes were bloodshot, his speech was slurred, he had alcohol on his breath and had admitted consuming alcohol during his break.

FACTS: The claimant was employed as a custodian by Centerline Public Schools. On his final day of employment, the claimant was ticketed during his lunch break by a public safety officer for open alcohol in a public place. Upon being informed of the incident, his supervisor discussed the matter with the claimant when he returned. During the discussion the claimant admitted he had consumed alcohol. During this conversation the supervisor noted the claimant's eyes were bloodshot, his speech was slurred, his breath smelled of alcohol and he appeared nervous and agitated during the conversation. The testimony of the employer's witness was not rebutted.

DECISION: The claimant was disqualified under Section 29(1)(b).

RATIONALE: The court found that the fact that the claimant smelled of alcohol, had bloodshot eyes, had slurred speech, had admitted consuming alcohol and was nervous and agitated was sufficient to support a conclusion he was intoxicated.


24, 16, d22: F

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