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Watson v Holt Public Schools 12.69

Section 29(1)(b)

MISCONDUCT, Series of incidents, Poor performance

CITE AS: Watson v Holt Public Schools, No. 92348 (Mich App March 26, 1987).

Appeal pending: No

Claimant: Paul Watson

Employer: Holt Public Schools

Docket No: B85 02146 99580W

COURT OF APPEALS HOLDING: A disqualification for misconduct may be supported by leaving work 15 minutes early in light of an unsatisfactory work record and prior discipline.

FACTS: Claimant worked for employer as a custodian. During two and one-half years of employment he received 8 reprimands, mostly for unsatisfactory work performance. One was for leaving work 2.5 hours early without permission. Subsequent to compiling this unfavorable record, claimant was observed leaving work 15 minutes early. He was suspended and ultimately discharged for a second offense of leaving work early coupled with an unsatisfactory work record.

DECISION: The claimant is disqualified for misconduct.

RATIONALE: Claimant's actions collectively amounted to misconduct under the statute. Claimant knew employer was dissatisfied with his performance and still left work early. That in itself was evidence of a disregard for the employer's interests.


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