07. Eligibility - Able & Available

Breshgold v MESC – 7.25

Breshgold v MESC
Digest no. 7.25

Section 28(1)(c)

Cite as: Breshgold v MESC, unpublished opinion of the Wayne Circuit Court, issued February 24, 1978 (Docket No. 77-708893-AE).

Appeal pending: No
Claimant: Michael S. Breshgold
Employer: United States Navy
Docket no.: UCX75 14953 RO 49887
Date of decision: February 24, 1978

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CIRCUIT COURT HOLDING: In order to be eligible for unemployment benefits, an individual must be unemployed and make reasonable efforts to find work. An individual need not be idle and is not required to look for work daily for 8 hours a day.

FACTS: Claimant was enrolled as a full time student, taking daytime college courses (17 credits). He asserted he was available for full time work and would rearrange his class schedule or quit school if he found full-time employment. He testified that he had worked full-time and attended school full-time in the past. The Referee found, and the Board of Review majority agreed, that claimant was primarily a student and was not genuinely attached to the labor market because he only searched for employment when this did not interfere with his schooling.

DECISION: Remand for hearing on claimant’s job seeking efforts.

RATIONALE: Where a claimant asserts he is actively seeking work, it is incumbent on the trier of fact to explore those job seeking efforts. Availability cannot be determined solely by the fact that a claimant is pursuing educational goals while unemployed. Attachment to the labor market is largely a function of the individual’s efforts to obtain employment.

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