Section 29(1)(b)
MISCONDUCT, Series of incidents, Intentional acts, Negligence
CITE AS: Johnson v White Lake Landco, Muskegon Circuit Court, No. 92-29632-AE (June 8, 1993).
Appeal pending: No
Claimant: Joseph P. Johnson
Employer: White Lake Landco
Docket No. B92-02274-121925
CIRCUIT COURT HOLDING: The combination of 5 incidents of ordinary negligence and 2 incidents of intentional wrongdoing within an 18 month period constitutes disqualifying misconduct.
FACTS: The claimant worked for the employer for an 18 month period. The employer disciplined the claimant for 6 incidents - removing another employee's property, damaging a door, using a company truck for personal business, getting into an accident, carelessness in his work, falsely reporting to a supervisor that an assignment was completed. The employer discharged the claimant after he failed to report for work.
DECISION: The claimant is disqualified for benefits under Section 29(1)(b).
RATIONALE: While five incidents (removing the other employee's property, damaging a door, getting into an accident, carelessness in work, and failing to report) are arguably acts of ordinary negligence, five acts of ordinary negligence cannot be said to be isolated instances of negligence. Two acts (use of company truck for personal business, falsely reporting to a supervisor that an assignment was completed) are deliberate violations or disregard of standards of behavior which the employer has the right to expect. Those two latter acts occurred approximately ten months and three months prior to the discharge. Nevertheless, the combination of these five acts of ordinary negligence and the two acts of intentional wrongdoing, all within an 18-month period, constitute "competent, material, and substantial evidence on the whole record" to conclude the claimant is disqualified for benefits under Section 29(1)(b).
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