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Strong v Liberty Lawn Care 12.111

Section 29(1)(b)

MISCONDUCT, Criminal sexual conduct, Connected with work

CITE AS: Strong v Liberty Lawn Care, Macomb Circuit Court No. 96-4109 AV (August 9, 1996) lv den Court of Appeals, February 14, 1997 (No. 198173); lv den 456 Mich 899 (1997).

Appeal pending: No

Claimant: Wayne Strong

Employer: Liberty Lawn Care

Docket No. B94-10084-RO1-133700W

CIRCUIT COURT HOLDING: Disqualifying misconduct connected with work can be reasonably inferred from the evidence that the claimant's criminal act occurred during the course of work connected activities.

FACTS: The employer discharged the claimant following a conviction on act of indecent exposure committed during working hours. The record established the claimant and the employer had an oral agreement that criminal behavior would not be tolerated on the job. The employer asked the claimant to visit a customer who had an outstanding balance. The claimant left to visit the customer at 3:00 p.m., and the criminal incident occurred between 3:00 p.m. and 3:30 p.m. The employer investigated the criminal incident before discharging the claimant.

DECISION: The claimant is disqualified from receiving benefits under Section 29(1)(b).

RATIONALE: Even in the absence of an explicit agreement, an employee has a common law duty to refrain from "criminal conduct destructive to the morale of his fellow employee his employer's business." Calvert v General Motors Corp, 120 Mich App 635, 639-640 (1982) quoting Todd v Hudson Motor Car Co, 328 Mich 283, 289 (1950). The

Referee could reasonably infer from the evidence that the claimant's misconduct was connected with work since the act occurred after the claimant left to visit the customer.


24, 16, d22: F

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