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Sibley v Nugent Sand Co.12.51

Section 29(1)(b)

MISCONDUCT, Connected with work, While laid off, Profanity

CITE AS: Sibley v Nugent Sand Co., No. 113491 (Mich App May 24, 1990).

Appeal pending: No

Claimant: Kelley L. Sibley

Employer: Nugent Sand Co.

Docket No: B86 02621 R01 102624W

COURT OF APPEALS HOLDING: The use of vulgar and obscene language on the employer's premises by a claimant in layoff status constitutes misconduct because claimant was there to obtain a paycheck and that renders his actions work related.

FACTS: Claimant was laid off and came to the employer's office to pick up a paycheck. He became upset when the employer refused to pay him holiday pay and uttered obscenities in front of office staff.

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

RATIONALE: "Plaintiff went to defendant's office to retrieve his check. The basis of the disagreement concerned why plaintiff had not received holiday pay. We believe that such matters were uncategorically work related and thus plaintiff's misconduct arose out of factors pertaining to his employment. The fact that plaintiff was laid off when the incident occurred is not relevant. Plaintiff's lay off status was deemed temporary and plaintiff was given a specific date (January 13, 1986) to return to work. Plaintiff was not terminated at the time his misconduct occurred and was still an employee of defendant."


11, 13:C

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