10. Voluntary Leaving

Farnsworth v Michigan Masonic Home – 10.76

Farnsworth v Michigan Masonic Home
Digest no. 10.76

Section 29(1)(a)

Cite as: Farnsworth v Michigan Masonic Home, unpublished per curiam opinion of the Court of Appeals, issued January 17, 1992 (Docket No. 130244).

Appeal pending: No
Claimant: Paula M. Farnsworth
Employer: Michigan Masonic Home
Docket no.: B88-08686-109087W
Date of decision: January 17, 1992

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COURT OF APPEALS HOLDING: Discipline imposed for legitimate absences and other factors beyond a claimant’s control may provide good cause for leaving.

FACTS: The claimant had been ill with mononucleosis and was off of work. Upon her return, the claimant was disciplined. Although acknowledging her absences were either the result of illness or pre-approved annual leave, the employer disciplined her for being excessively absent. It also criticized her appearance and slurred speech. The claimant’s slurred speech was the result of a congenital birth defect. The employer believed it was indicative of alcohol use. Shortly thereafter, the claimant submitted her resignation.

DECISION: The claimant was not disqualified under Section 29(1)(a).

RATIONALE: The claimant reasonably believed she would be subjected to further discipline for legitimate absences and other factors beyond her control.

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