10. Voluntary Leaving

Echols v MESC – 10.49

Echols v MESC
Digest no. 10.49

Section 29(1)(a)

Cite as: Echols v MESC, 380 Mich 87 (1968).

Appeal pending: No
Claimant: Bruce Echols
Employer: John Kraus, d.b.a. Checker Cab
Docket no.: B63 5770 31807
Date of decision: February 9, 1968

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SUPREME COURT HOLDING: “[T]he loss of a claimant’s prerequisites from continued employment, especially through his own negligence is a voluntary leaving without good cause attributable to the employer . … [T]he claimant lost his operator’s license through no fault of the employer and it is our opinion that his leaving was not constructive but purely a voluntary leaving and he should be disqualified.”

FACTS: Claimant was a taxicab driver. His driver’s license was suspended for 90 days as the result of the accumulation of 12 points or more. Claimant therefore was unable to work as a taxicab driver. Claimant was not discharged by his employer. The employer indicated at the Referee hearing that claimant could return to work as soon as he had his license restored.

DECISION: Claimant is disqualified for voluntarily leaving his employment without good cause attributable to the employer.

RATIONALE: “The employee because of his negligent operation of an automobile was unable to obtain a license from the Secretary of State’s office, and it was incumbent upon him to have a license to be employed.” “… to put a stamp of approval on unemployment benefits for a man who had been violating the law and say a man who violates the law and lost his license as a result of his negligence, should be paid unemployment benefits, … goes far and beyond what the intention of the unemployment compensation act was.” (Quoting with approval from the decisions of the Appeal Board and the Wayne County Circuit Court.)

Digest Author: Board of Review (original digest here)
Digest Updated:

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