Clarke v North Detroit General Hospital – 10.48

Clarke v North Detroit General Hospital
Digest no. 10.48

Section 29(1)(a)

Cite as: Clarke v North Detroit Gen Hosp, 437 Mich 280 (1991).

Appeal pending: No
Claimants: Edna T. Clarke; Toni R. Dawson
Employers: North Detroit General Hospital; Detroit Receiving Hospital
Docket nos.: B85 06161 100961; B85 06779 100382W
Date of decision: May 28, 1991

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SUPREME COURT HOLDING: The claimants did not leave work voluntarily when they were discharged after failing the nursing board licensing examination.

FACTS: Both claimants were graduates of college-based nursing programs. Following their graduations they obtained temporary state nursing licenses as required by statute which permitted them to work as graduate nurses. In order to obtain a permanent license as a registered nurse, both were required to take and pass the state licensing exam. Both took the exam. Both failed. As a result they both lost their temporary licenses and employment as graduate nurses, consistent with the policies of their employing hospitals. Neither quit nor willingly resigned.

DECISION: The claimants are not disqualified from receiving unemployment compensation benefits.

RATIONALE: The claimants did not voluntarily leave their employment. Rather, they were discharged by the employers after failing the licensing examination. The employers did not allege misconduct, negligence or illegal acts and there was no evidence that either claimant was negligent in preparing for or taking the examinations. Fault cannot be ascribed to the claimants merely because they failed the examination.

Digest Author: Board of Review (view original digest here)
Digest Updated: 6/91