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Trevino v General Motors Corp 12.78

Section 29(1)(b)

MISCONDUCT, Last-chance agreement, Connected with work, Rule of selection

CITE AS: Trevino v General Motors Corp, Ingham Circuit Court, No. 95-81144-AE (April 17, 1996).

Appeal pending: No

Claimant: Dario Trevino

Employer: General Motors Corporation

Docket No. FSC94-00243-131704W

CIRCUIT COURT HOLDING: It is not disqualifying misconduct where a claimant violated a last-chance agreement and the requirement or rule in such contract is not connected with the claimant's work.

FACTS: The employer discharged the claimant for failing to document his attendance at Alcoholics Anonymous meetings as set forth in a last-chance agreement. The claimant admitted he had an alcohol abuse problem. He attended four or five AA meetings per week. He did not provide written verification of his attendance at most of the meetings because he did not remember being told to do so. The claimant was illiterate and did not understand the last-chance agreement.

DECISION: The claimant is not disqualified for benefits under Section 29(1)(b).

RATIONALE: The employer had to show the claimant deliberately violated the provision of the last-chance agreement by failing to provide written verification of his attendance at AA meetings. The most that was established was the claimant failed to understand what was expected of him. The claimant's "admitted alcoholism and his failure to abide by the last-chance agreement's requirement of written verification of his attendance at AA meetings were not work-related and thus could not constitute statutory misconduct."


24, 16, d12: J

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