07. Eligibility - Able & Available

Gallant v W B Doner Co – 7.33

Gallant v W B Doner Co
Digest no. 7.33

Section 28(1)(c)

Cite as: Gallant v WB Doner Co, unpublished opinion of the Oakland County Circuit Court, issued January 4, 1995 (Docket No. 94-476350-AE).

Appeal pending: No
Claimant: Jeri Gallant
Employer: W.B. Doner Co.
Docket no.: B92-02016-122380W
Date of decision: January 4, 1995

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CIRCUIT COURT HOLDING: Where claimant placed undue restrictions on where she would work and what type of work she would do, she made herself unavailable within the meaning of the statute.

FACTS: Claimant suffers from agoraphobia (fear of being in open or public places) and advised the MESC that there were limitations on where she would seek or accept employment. She was held ineligible due to her failure to establish unrestricted availability. She had a “comfort zone” of locations she was willing to work in and that zone did not include the Detroit metropolitan area. Furthermore, claimant was qualified to do advertising work but was only seeking work in retail because she wanted to make a career change.

DECISION: Claimant is ineligible for benefits under Section 28(1)(c).

RATIONALE: Claimant was desirous of obtaining employment but restricted her availability for certain types of work which she was qualified to perform and restricted the geographical locations to which she was willing to travel. She only wanted to work in communities that were familiar to her. She did not seek advertising work for which she was qualified and limited her job search to certain Detroit suburbs.

Digest Author: Board of Review (original digest here)
Digest Updated: 7/99