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Phillips v E.S.C.12.72

Section 29(1)(b)

MISCONDUCT, Failure to maintain a prerequisite of employment, Driver's license, Loss of license, Taxi driver

CITE AS: Phillips v E.S.C., 373 Mich 210 (1964).

Appeal pending: No

Claimant: Jefferson Clay

Employer: Eunice Phillips

Docket No: B61 5772 27453

SUPREME COURT HOLDING: Failure to maintain a necessary prerequisite for employment such as a chauffeur's license is a form of misconduct in connection with work.

FACTS: Claimant drove a taxicab for employer until his driver's license was revoked by the Secretary of State.

DECISION: Claimant was disqualified for misconduct within the meaning of the misconduct discharge provisions of the MES Act.

RATIONALE: The fact that claimant lost his license to operate a taxicab because he violated conditions upon which the license was granted and as a result was unable to continue driving, justified his disqualification for unemployment benefits. Claimant deliberately committed the acts which resulted in the loss of his license.

12/91

NA

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