05. Denial Periods

Wisniewski v Bay City Board of Education – 5.09

Wisniewski v Bay City Board of Education
Digest no. 5.09

Section 27(i)

Cite as: Wisniewski v Bay City Board of Ed, unpublished opinion of the Bay Circuit Court, issued June 25, 1984 (Docket No. B81 13659 79554).

Appeal pending: No
Claimant: Debra A. Wisniewski
Employer: Bay City Board of Education
Docket no.: B81 13659 79554
Date of decision: June 25, 1984

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CIRCUIT COURT HOLDING: Reasonable assurance means that the chances ought to be fairly strong that the employee will come back to work.

FACTS: Claimant was informed that during the school year 1981-82, Claimant would perform services for the school district “as needed and when called.” During the school year 1980-81, Claimant had performed “long term subbing” for the school district.

DECISION: Claimant is not subject to the school denial period.

RATIONALE: The school board could have set up a priorities list so that Claimants could have reasonable assurance that they would likely work, especially if the school board adds a statement as to its normal attrition rate or history. “All the employee got was a letter saying she had something which the letter did not provide to her … she had nothing else to go on.” The notice did not give the employee any reasonable assurance.

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