The appeals court affirmed a circuit court's order, which held that "there was competent, material, and substantial evidence on the whole record to support that there was just cause to terminate Shirvell and properly held that the termination was not arbitrary or capricious."
The appeals court reversed the circuit court's order on Shirvell's unemployment eligibility, ruling that the circuit court "erred in concluding that Shirvell did not engage in misconduct that disqualified him for unemployment benefits under the MESA. Shirvell's speech was not protected and there was competent, material, and substantial evidence introduced at the unemployment compensation hearing to support the UIA's determination that Shirvell engaged in misconduct such that he was disqualified for benefits under MCL 421.29(1)(b)[.]"
Shirvell was fired in November of 2010 for using state resources to maintain a blog attacking the first openly gay student body president of the University of Michigan and for lying to investigators during his disciplinary hearing.
Read the complete summary of this case, as well as summaries of many others in the State Bar of Michigan's e-Journal. Sign up for a subscription to the e-Journal and it will be delivered to your email inbox every Monday through Friday.
Posted by Samantha Meinke