12. Misconduct

Tuck v. ESC – 12.52

Tuck v. ESC
Digest No. 12.52

Section 421.29

Cite as: Tuck v ESC, 152 Mich App 579 (1986).

Court: Michigan Court of Appeals
Appeal pending: No
Claimant: Dave W. Tuck
Employer: Ashcraft’s Market, Inc.
Date of decision: April 24, 1986

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HOLDING: Breach of rules, negligence, or good faith error in judgment with respect to a single incident does not necessarily rise to the level of misconduct under the Carter definition. Claimant is not disqualified for misconduct because of the unauthorized removal of property, which has de minimis value, of an employer.

FACTS: Claimant, a meat-cutter, removed two cartons of fish from employer’s premises without authorization. Claimant observed the fish were thawed and could not be sold and took it upon himself to see to their disposal since the regular manager was unavailable. He removed the fish through the back door of the supermarket, which was strictly against his employer’s rule, and took it home to use as bear bait.

DECISION: Claimant is not disqualified from receiving unemployment benefits under section 29.

RATIONALE: Pursuant to Carter, not every breach of company rules rises to the level of misconduct for purposes of section 29. The court reasoned, “[i]t is clear that, while misconduct may justify an employee’s discharge for breach of company rules, not every such breach rises to the level of misconduct sufficient to disqualify the employee for unemployment benefits.”

The court notes that the employer had full authority to fire Claimant, but that did not mean he was disqualified from receiving benefits, necessarily.

Digest author: Travis R. Miller, Michigan Law, Class of 2018 (Board of Review original Digest)
Digest updated: December 23, 2017