REFUSAL OF WORK, Current address, Failure to report for interview, Good cause, Non-receipt of telegram, Notice of interview
CITE AS: Chrysler Corp v Devine, 92 Mich App 555 (1979).
Appeal pending: No
Claimant: Kevin Devine
Employer: Chrysler Corporation
Docket No: B74 11199 47179
COURT OF APPEALS HOLDING: A former employee is not disqualified for failure to report for an interview unless the claimant had actual notice of the interview request.
FACTS: The claimant was laid off from the employer's Warren Tank Plant. Five months later, the employer sent him a telegram asking him to report for an interview at the Warren Truck Assembly Plant. The claimant did not receive the telegram, because his mother forgot to give him the notice of attempted delivery, and he no longer lived with his parents.
DECISION: The claimant is not disqualified for failure to report for an interview.
RATIONALE: The employer argued that since Devine had given the employer his mother's address, "she became his agent and that her receipt of notice should be imputed to him." The Court found the general principles of agency inapplicable and further held:
"The undisputed facts show that claimant was at all times ready and willing to attend a job interview upon receiving notice of such an appointment, and to return to work whenever it became available.
"Given the good faith of the claimant in this matter, actual non-receipt of the notice constituted good cause for his non attendance."