Hodge v. U.S. Sec. Assocs., Inc., Docket No. 311387.
Decision Date | 15 July 2014 |
Docket Number | Docket No. 311387. |
Citation | 855 N.W.2d 513,306 Mich.App. 139 |
Parties | HODGE v. US SECURITY ASSOCIATES, INC. |
Court | Court of Appeal of Michigan — District of US |
Michigan Unemployment Insurance Project (by Steve Gray ), for Carnice Hodge.
Howard & Howard Attorneys PLLC, Detroit (by Brian A. Kreucher and Alex G. Cavanaugh), for U.S. Security Associates, Inc.
Before: O'CONNELL, P.J., and WILDER and METER, JJ.
Respondent U.S. Security Associates, Inc., appeals by leave granted1 a circuit court order reversing the decision by the Michigan Compensation Appellate Commission (MCAC) that claimant was disqualified from unemployment insurance benefits under MCL 421.29(1)(b). On appeal, respondent argues that the circuit court applied the incorrect standard when reviewing the agency's decision and that claimant should be disqualified from benefits for violating respondent's rules. We affirm.
Claimant worked for respondent as a security guard from September 21, 2008, to February 9, 2011, when respondent mailed her a notice of termination of employment for violating company rules and regulations on January 27, 2011.
Before the incident leading to her termination, on November 11, 2008, claimant signed an acknowledgement of respondent's “Security Officer's Guide,” which provided, in relevant part, that the “[u]nauthorized use of client facilities or equipment, including copiers, fax machines, computers, the internet, forklifts and vehicles” may result in immediate termination.
While working at the Detroit Metropolitan Wayne County Airport in Concourse B, claimant was approached by an airline passenger seeking departure information. Claimant looked for that information on the computer near her post. Shortly after this incident, claimant received a call from the command center, and was informed that someone had anonymously complained about her use of the computer. Respondent drafted a disciplinary report, which claimant signed.
Then, respondent told claimant she would be reassigned. But later, respondent reevaluated the incident and instead terminated claimant's employment in the February 9 letter.
Claimant filed a claim for unemployment benefits, and a notice of determination denying her claim was issued on March 10, 2011. The notice provided:
Claimant filed an appeal of this notice of determination, and a hearing was conducted on July 13, 2011, by Administrative Law Judge Lawrence Hollens (ALJ). Claimant and respondent's employment specialist, Aramis Brown, appeared at the hearing without counsel.
Brown first testified that claimant was terminated for accessing the client's computer for flight information, which violated respondent's rules and regulations. The ALJ asked claimant the following series of questions:
Claimant further testified that she did not believe it was “a problem” to check on the departures and arrivals to help a passenger, and indicated that she had done so before this incident. The passenger could have found the same information on public boards, but the nearest board was down the hall.
The ALJ affirmed the agency's determination to deny unemployment benefits. In his reasoning and conclusions, the ALJ sets forth the following facts not in dispute:
The ALJ also found that claimant accessed the computer to assist a passenger with flight arrivals and departures. The ALJ ruled that the employer met its burden of proof in establishing that claimant was discharged for reasons “which would constitute behavior beneath the standard the Employer had reason to expect of its employee.”
Claimant appealed the ALJ's decision, arguing that her conduct did not rise to the level of disqualifying misconduct. The MCAC issued a decision affirming the ALJ's decision and ruled that the decision was in conformity with the facts as developed at the hearing and the ALJ properly applied the law to the facts.
Claimant then filed an appeal in the circuit court, arguing that her conduct did not rise to the level of disqualifying misconduct given that she was not acting against her employer's best interests and her behavior could be considered no more than an error in judgment. Respondent replied that claimant acknowledged that she violated a known rule that prohibited security officers from using the computer, and that the earlier decisions were supported by competent, material, and substantial evidence on the whole record. Following a hearing, the circuit court reversed the MCAC's decision, stating:
The circuit court then entered an order reversing the MCAC “[f]or the reasons stated on the record.” Respondent's application for leave to appeal followed and was granted by this Court.
The Michigan Employment Security Act (MESA) governs unemployment benefits. The purpose of the act is to “provide benefits for periods of unemployment ... [to] persons unemployed through no fault of their own [.]” MCL 421.2(1). Under the MESA, “[a]n individual is disqualified from receiving unemployment benefits if he or she ... [w]as ... discharged for misconduct connected with the individual's work....” MCL 421.29(1)(b). The employer bears the burden of proving misconduct. Korzowski v. Pollack Indus., 213 Mich.App. 223, 229, 539 N.W.2d 741 (1995).
In Carter v. Employment Security Comm., 364 Mich. 538, 541, 111 N.W.2d 817 (1961), the Michigan Supreme Court adopted the following definition of “misconduct” (which was cited by the circuit court below):
“[C]onduct evincing such wilful or wanton disregard of an employer's interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer.” [Id. (citation omitted).]
The Supreme Court's description of conduct that is not misconduct was also cited by the circuit court below:
Similarly, MCL 421.38(1) provides:
The circuit court ... may review...
To continue reading
Request your trial-
People v. Hutcheson
...be construed reasonably, keeping in mind the purpose of the act,” ’ and to avoid absurd results.” Hodge v. U.S. Security Assoc., Inc., 306 Mich.App. 139, 152, 855 N.W.2d 513 (2014), quoting Draprop Corp. v. City of Ann Arbor, 247 Mich.App. 410, 415, 636 N.W.2d 787 (2001), quoting Rose Hill ......
-
Hodge v. U.S. Sec. Assocs., Inc.
...the passenger to airport personnel authorized to obtain and provide flight information to passengers.7 Hodge v. U.S. Security Assoc., Inc., 306 Mich.App. 139, 855 N.W.2d 513 (2014).8 Hodge claims that the lower courts applied the proper standard of review and reversed the MCAC because its d......
- Dykes-Bey v. Dep't of Corr., Docket No. 150398.
-
Jacobson v. Colegrove
... ... Physician Network, DefendantsAppellees.Docket No. 150458.COA No. 322894.Supreme Court of ... ...