Previous PageTable Of ContentsNext Page

Grisdale v Michigan Consolidated Gas Co.12.60

Section 29(1)(b)

MISCONDUCT, Absences, Alcoholism

CITE AS: Grisdale v Michigan Consolidated Gas Co, No. 88-4742-AE, Isabella Circuit Court (December 22, 1989).

Appeal pending: No

Claimant: Gerald Grisdale

Employer: Michigan Consolidated Gas Co

Docket No: B87 02741 105586

CIRCUIT COURT HOLDING: Claimant's alcoholism did not mitigate against disqualification when his pattern of behavior showed an intentional disregard for the employers interest.

FACTS: Claimant worked for the employer from 1964 until discharged in December, 1986. He had a substantial disciplinary record as a result of his drinking. His first disciplinary layoff was in 1970. His second in August, 1976. He received disciplinary layoffs in December, 1976 and June, 1978 also related to drinking. In June, 1979 he was discharged and later reinstated under an agreement that further drinking would result in discharge.

Claimant entered treatment for alcoholism on September 28, 1986. He returned to work on November 11, 1986 and was reminded of the previous agreement on November 18, 1986. He walked off the job without permission twice and did not return to work after the lunch break. Claimant was subsequently discharged.

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

RATIONALE: Claimant received numerous warnings about his drinking and the employer gave claimant numerous opportunities to correct his behavior. Claimant leaving work twice without the employer's permission constituted an intentional disregard for the standard of behavior an employer has a right to expect. The court rejected Hislop (Cherry Hill School District), B78-17083-66126.


13, 14:NA

Previous PageTable Of ContentsNext Page