12. Misconduct

War Memorial Hosp. v. Nodurft

War Memorial Hospital. v. Nodurft
Digest no.

Section 29(1)(a)

Cite as: War Mem’l Hosp v Nodurft, Unpublished Opinion of the Michigan Court of Appeals, issued June 3, 2014 (Docket No. 312205)

Appeal Pending: No
Court: Court of Appeals of Michigan
Date of decision: June 3, 2014

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Holding: A nurses aide, discharged for refusing to help restrain an out of control patient and thus putting her co-workers and the patient in danger, commits disqualifying misconduct under MCL 421.29(1)(b).

Facts: Employer Behavioral Health Center terminated claimant Nodurft when claimant refused to assist, at the direction of nurse manager Greg Wolf, other staff members in the restraint of an agitated and violent patient. Defendant filed a claim for unemployment benefits, which the Unemployment Insurance Agency denied under the misconduct provisions of the Michigan Employment Security Act (MESA) MCL 421.29. An Administrative Law Judge (ALJ) upheld the Agency’s decision, which the MCAC affirmed. Defendant then filed a claim of appeal with the circuit court, which reversed the MCAC’s decision upholding the denial of unemployment benefits.

Decision: The Court of Appeals reversed the circuit court’s order overturning the decision of the Michigan Compensation Appellate Commission, which upheld the denial of unemployment benefits to defendant Nodurft on the basis that she was “discharged for misconduct connected with her work,” under MCL 421.29(1)(b).

Rationale: The circuit court reversed the decision on the basis of its view that the evidence did not support plaintiff’s decision to terminate defendant’s employment on the basis of insubordination. Whether a termination is proper, however, is irrelevant when considering whether work-related misconduct occurred under MCL 421.29(1)(b). Nowhere in the Supreme Court’s definition of “misconduct” [in Carter v. Michigan Employment Security Comm.]  is the propriety of the employer’s authority to terminate an employee taken into consideration. Rather, the focus of the misconduct analysis must be on the claimant’s misconduct, not whether the employer wrongfully discharged the claimant. The CoA also found that the Circuit Court did not follow the correct standard of review.

When the definition of “misconduct” articulated by Carter is applied, it is clear that competent, material, and substantial evidence on the whole record supports the conclusion that disqualifying misconduct occurred.

Digest author: James C. Robinson
Digest updated: 2/15