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Millege v Roofing Man, Inc 14.10

Section 29(1)(f)

INCARCERATION, Civil contempt

CITE AS: Millege v Roofing Man, Inc., Saginaw Circuit Court No. 92-51067-AE-5 (March 30, 1993).

Appeal pending: No

Claimant: Jerry W. Millege

Employer: Roofing Man, Inc.

Docket No. B91-10727-119923W

CIRCUIT COURT HOLDING: Section 29(1)(f) of the MES Act does not apply to incarcerations resulting from civil contempt.

FACTS: Claimant was discharged after he was absent four days. The absence was the result of the claimant having been incarcerated because he had fallen behind in child support payments.

DECISION: Claimant is not subject to disqualification under Section 29(1)(f).

RATIONALE: Section 29(1)(f) of the MES Act provides for disqualification where a claimant is discharged as a result of absences caused by an incarceration stemming from a conviction for a violation of law. Contempt proceedings in child support cases are considered civil in nature. Sanctions for civil contempt are remedial in nature and are intended to compel compliance with the court's directives by imposing a conditional sanction until the contemptor complies or no longer has the ability to comply. The statute was never intended to be applicable to civil contempt for disobeying the orders of the court.


20, 19, d12: N/A

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