CLARKE v. NORTH DETROIT HOSP.

Docket Nos. 86437, 86438, (Calendar No. 11).

437 Mich. 280 (1991)

470 N.W.2d 393

CLARKE v. NORTH DETROIT GENERAL HOSPITAL DAWSON v. DETROIT RECEIVING HOSPITAL

Supreme Court of Michigan.

Decided May 28, 1991.


Attorney(s) appearing for the Case

Linda D. Bernard, Attorney, Executive Director, Wayne County Neighborhood Legal Services; Jordan Rossen, General Counsel, and Richard W. McHugh, Associate General Counsel, UAW, for the plaintiffs.

Health Care Legal Group, P.C. (by Clark R. Ballard), for defendants North Detroit General Hospital and Detroit Receiving Hospital.

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, and Donna K. Welch and Tom Nelson, Assistant Attorneys General, for defendant Michigan Employment Security Commission.

Amici Curiae:

Sachs, Nunn, Kates, Kadushin, O'Hare, Helveston & Waldman, P.C. (by Theodore Sachs and Eileen Nowikowski), for Michigan State AFL-CIO.

Daniel Bambery for Legal Aid of Central Michigan.


LEVIN, J.

The question presented is whether Edna T. Clarke and Toni R. Dawson, nurses employed by the defendant hospitals, who were discharged after they failed nursing board licensing examinations, are entitled to unemployment compensation benefits. We hold that they did not leave work "voluntarily" when they were discharged after they failed the examinations and are entitled to benefits. Because they did not leave work voluntarily, no issue is presented whether...

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