10. Voluntary Leaving

MacKintosh v MESC – 10.72

MacKintosh v MESC
Digest no. 10.72

Section 29(1)(a)

Cite as: MacKintosh v MESC, unpublished opinion of the Wayne Circuit Court, issued September 11, 1995 (Docket No. 95-509950-AE).

Appeal pending: No
Claimant: Nancy MacKintosh
Employer: Forham Johnston Realty, Inc.
Docket no.: B93-13467-129308
Date of decision: September 11, 1995

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CIRCUIT COURT HOLDING: An employee’s refusal to sign a confidentiality agreement and subsequent resignation is not with good cause attributable to the employer when the employer’s request is reasonable.

FACTS: The claimant worked as the employer’s office manager, and as a result had unique access to the employer’s confidential information. The claimant’s husband worked as an independent contractor for the employer, but resigned to accept a position with a competitor. The employer requested the claimant sign a confidentiality agreement. The claimant failed to do so. After three and a half weeks passed, the employer again requested she sign the confidentiality agreement. The claimant submitted a resignation. The employer requested she reconsider, but claimant decided to leave.

DECISION: The claimant is disqualified for benefits under Section 29(1)(a).

RATIONALE: The claimant was the only employee married to an employee of a competitor. The claimant had no right to reveal the employer’s confidential information. The employer has the right to take reasonable precautions to protect its confidential information.

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