10. Voluntary Leaving

Chmielewski v General Dynamics – 10.40

Chmielewski v General Dynamics
Digest no. 10.40

Section 29(1)(a)

Cite as: Chmielewski v Gen Dynamics, unpublished opinion of the Kalamazoo Circuit Court, issued January 2, 1985 (Docket No. E834-00-606 AE).

Appeal pending: No
Claimant: Anthony Chmielewski
Employer: General Dynamics
Docket no.: B83 06554 90342W
Date of decision: January 2, 1985

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CIRCUIT COURT HOLDING: The claimant’s decision to quit was based on economic considerations and was voluntary.

FACTS: The employer cut down on claimant’s overtime. Claimant decided to quit because: (1) his wife had suffered a heart attack and her physician lived in Kalamazoo; (2) claimant desired to use his wife’s health insurance; (3) claimant’s reduced pay made the cost of living away from Portage too prohibitive.

DECISION: Claimant is disqualified for voluntary leaving.

RATIONALE: “Basic purpose of the Michigan Employment Security Act is to provide relief to the unemployed worker and his family from the burden of unemployment … ” The claimant had a real choice – to move his family to Detroit as he had planned before his wife’s heart attack and the cut in overtime – or to quit.

Digest Author: Board of Review (view original digest here)
Digest Updated: 11/90