12. Misconduct

Hecko v. Continuum of Clio – 12.140

Hecko v. Continuum of Clio, UIA
Digest No. 12.140

Section 421.29(1)(b)

Cite as: Hecko v Continuum of Clio Inc, unpublished opinion of the Genesee County Circuit Court, issued December 1, 2010 (Docket No. 09-90617-AE).

Appeal pending: No
Claimant: Cheryl K. Hecko
Employer: Continuum of Clio, Inc.
Date of decision: December 1, 2010

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HOLDING: Working while off the clock is not misconduct under Carter v MESC, 364 Mich 538 (1961).

FACTS: Claimant worked for employer as a housekeeper from February 3, 2000 to November 20, 2007. Claimant regularly came into work early and worked off the clock because she wanted to “give more than a hundred percent to my job because [she] liked [her] job.” Claimant was fired after she was injured while working off the clock. Employer stated she was fired for working off the clock and Claimant stated she was fired for getting injured.

The ALJ found no misconduct. Board of Review reversed.

DECISION: The Circuit Court reversed the Board of Review’s decision because it was contrary to law and not supported by any competent, material, and substantial evidence on the whole record.

RATIONALE: The Board of Review misapplied the Carter standard. There was no evidence in the record to show that Claimant’s working off the clock was done in willful or wanton disregard of the employer’s interest.

In addition, while irrelevant, the Circuit Court found that Claimant was fired for being injured, not for working off the clock.

Digest author: Andrea M. Frailey, Michigan Law, Class of 2017
Digest updated: October 30, 2017