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Hamade v Cats Co 12.119

Section 29(1)(b)


CITE AS: Hamade v Cats Co., unpublished per curiam Court of Appeals, April 6, 1995 (No.168588).

Appeal pending: No

Claimant: Jamal Hamade

Employer: Cats Company

Docket No. B89-02808-111522

COURT OF APPEALS HOLDING: Claimant's loud sarcastic response and display of mock subservience to his employer was not disqualifying misconduct.

FACTS: Claimant was a computer programming consultant. The claimant and the employer's vice president became involved in a heated and loud discussion about a programming method the claimant was using. The employer's president walked in and told the claimant to lower his voice. The claimant sarcastically said "yes sir" or "yes master," and made gestures of mock subservience. The claimant was fired.

DECISION: The claimant is not disqualified for misconduct.

RATIONALE: In looking at the totality of the circumstances the court found, unlike in Broyles v Aeroquip Corp., 176 Mich App 175 (1989), that the instant claimant's loud discussion and sarcastic remarks do not rise to the level of intentional and substantial disregard for the employer's interests. "[T]he context of the discussion and remarks do not suggest friendly badgering, neither do they suggest a vulgar or abusive intent. Rather we believe the claimant's remarks and conduct constituted unsatisfactory conduct."


3, 11: C

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