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Chojnacki v Chrysler Corp. 12.124

Section 29(1)(b)

MISCONDUCT, Last-chance agreement, Drug testing, Connected with work

CITE AS: Chojnacki v Chrysler Corp, Macomb Circuit Court, No. 2000-4556-AE (April 13, 2001).

Appeal pending: No

Claimant: Terrence E. Chojnacki
Employer: Chrysler Corp.
Docket No. B2000-04858-RM1-156400W

CIRCUIT COURT HOLDING: Claimant’s violations of a last-chance agreement were work-connected misconduct.

FACTS: Employer terminated claimant, but reinstated him pursuant to the terms of a “last chance agreement.” Under the terms of the agreement, the claimant had to meet regularly with a therapist for substance abuse, submit documentation showing regular attendance at therapy sessions, and submit to random drug testing. Claimant failed to attend therapy sessions, failed to submit documentation of attendance at therapy sessions, failed to submit to random drug testing and violated employer’s attendance policy. Claimant changed therapists; his first therapist reported that he was not making progress; claimant missed two appointments with his second therapist in short succession and had not called to cancel or change the appointments.

DECISION: Claimant is disqualified under 29(1)(b).

RATIONALE: Claimant had it within his control to meet regularly with his therapist and attend counseling sessions, his failure to do so violated his obligations under the terms of the last chance agreement with the employer and constitutes work connected misconduct. The violations between claimant and his therapist directly affected his obligations under the last chance agreement, and the agreement was related to his work.


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