12. Misconduct

Phillips v Employment Security Commission – 12.72

Phillips v Employment Security Commission
Digest No. 12.72

Section 421.29

Cite as: Phillips v Employment Security Comm, 373 Mich 210; 128 NW2d 527 (1964).

Court: Supreme Court of Michigan
Appeal pending: No
Claimant: Jefferson Clay
Employer: Eunice Phillips
Date of decision: June 1, 1964

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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 his employer until the state revoked his license.

DECISION: Claimant is disqualified from receiving benefits.

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.

Digest author: Board of Review (original digest here); edited by Benjamin Tigay, Michigan Law, Class of 2018
Digest updated: January 2, 2017