10. Voluntary Leaving

Luke v Jemco, Inc – 10.30

Luke v Jemco, Inc
Digest no. 10.30

Section 29(1)(a)

Cite as: Luke v Jemco, Inc, unpublished opinion of the Court of Appeals, issued March 19, 1986 (Docket No. 81157).

Appeal pending: No
Claimant: Mary L. Luke
Employer: Jemco, Inc.
Docket no.: B80 11464 R01 84773
Date of decision: March 19, 1986

View/download the full decision

COURT OF APPEALS HOLDING: Employees who have voluntarily left their employment for reasons of sexual harassment need not prove they sought to remedy the situation before quitting in order to avoid disqualification.

FACTS: Claimant quit after employer accused her of conspiring and fabricating with other employees. This was the culmination of a series of objectionable actions on employer’s part, primarily consisting of degrading, sexually explicit statements directed to claimant. Claimant did not complain to employer about his behavior. When it escalated to an intolerable level, she quit.

DECISION: Claimant was not disqualified for voluntary leaving.

RATIONALE: In cases of sexual harassment, particularly where the employer personally is the source of such harassment, claimants should not bear a burden of proof beyond that of proving that the reasons for leaving constituted good cause attributable to the employer.

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