MISCONDUCT DISCHARGE, Off duty, Wire tapping, Connected with work
CITE AS: Michigan Bell Telephone v Spoelstra, No. 84-43602 AE, Kent Circuit Court (January 8, 1985).
Appeal pending: No
Claimant: Robert D. Spoelstra
Employer: Michigan Bell Telephone Co.
Docket No: B82 18225 RM1 95148W
CIRCUIT COURT HOLDING: Off-duty conduct can be work connected misconduct as a matter of law.
FACTS: Claimant was asked by a "casual acquaintance" to install a tape recording device on a home telephone. The device was installed, with the assistance of the home owner, on a Saturday, when the claimant was off duty. The employer testified that the installation violated personnel policy.
DECISION: Claimant is disqualified for misconduct.
RATIONALE: The court cited numerous cases from other jurisdictions where off-duty misconduct disqualified claimants from unemployment benefits. The court particularly relied on Gregory v Anderson, 109 NW2d 675 (Wis 1961) which found that, "Because of the nature of certain employments, conduct of employees during off-duty hours may harm or tend to harm the interests of the employer." (109 NW2d 675, 679).
6, 9, d1:NA