10. Voluntary Leaving

Borg v MUCC – 10.23

Borg v MUCC
Digest no. 10.23

Section 29(1)(a)

Cite as: Borg v MUCC, unpublished opinion of the Wayne Circuit Court, issued February 28, 1955 (Docket No. B54 749 15677).

Appeal pending: No
Claimant: Edgar Borg
Employer: Ansaldi Tool & Engineering
Docket no.: B54 749 15677
Date of decision: February 28, 1955

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CIRCUIT COURT HOLDING: “On the question of disqualification for voluntarily leaving without good cause attributable to the employer, it appears to the court that the burden of proof is upon the employer to establish that voluntary leaving took place.”

FACTS: Claimant worked for the employer until November 25, 1953. Claimant testified he did not work between that date and December 4, 1953 because there was no work. Claimant testified that the employer promised to call when work was available, but did not do so. The employer contended that claimant was unwilling to work full time and had voluntarily quit.

DECISION: Claimant is not disqualified.

RATIONALE: The employer did not establish that claimant’s leaving was voluntary.

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