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H & L Manufacturing Company v Stevenson 12.49

Section 29(1)(b)

MISCONDUCT, Series of incidents, Single incident

CITE AS: H & L Manufacturing Company v Stevenson, No. 90417 (Mich App December 15, 1987).

Appeal pending: No

Claimant: Max L. Stevenson

Employer: H & L Manufacturing Company

Docket No: B83 10271 91871

COURT OF APPEALS HOLDING: Misconduct may be based on a single incident demonstrating an intentional disregard of the standard of behavior an employer has the right to expect of an employee or a series of derelictions and infractions none of which by itself, rise to the level of misconduct.

FACTS: Claimant was discharged for asking another employee to punch his time card for him. He received a written reprimand for this four days earlier which indicated he would be discharged if he broke the rule again. The employer also considered the claimant's prior disciplinary history which included warnings for throwing parts, ignoring a safety rule and swearing on the job.

DECISION: The claimant was discharged for misconduct within the meaning of Section 29(1)(b) of the Act.

RATIONALE: "We conclude that the circuit court's reversal of the Board of Review's decision was proper, because that decision was contrary to law. Claimant's deliberate disregard of the time card rule, after he was warned that another violation would lead to discharge, constituted disqualifying misconduct. See Carter, supra."

"Furthermore, we note that, even if claimant's second violation of the time card rule did not constitute disqualifying misconduct, the series of incidents that led up to claimant's discharge would serve to disqualify him from receiving benefits. A series of derelictions and infractions, no one of which, by itself, rises to the level of misconduct, may provide the basis for a finding of misconduct, Christopherson v Menominee, 137 Mich App 776, 780-781; 359 NW2d (1984), lv den 422 Mich 876 (1985)."


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