07. Eligibility - Able & Available

Allessio v Quasarano – 7.34

Allessio v Quasarano
Digest no. 7.34

Section 28(1)(c)

Cite as: Allessio v Quasarano, unpublished opinion of the Macomb Circuit Court, issued August 1, 1997 (Docket No. 97-1083-AE).

Appeal pending: No
Claimant: Marie Allessio
Employer: Laura Quasarano & Nancy Lucido
Docket no.: B96-10527-142392W
Date of decision: August 1, 1997

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CIRCUIT COURT HOLDING: Where claimant testified before the Referee that she would work a maximum of 30 hours per week and this was consistent with her pre-hearing statements that she did not want full-time work, she did not meet the eligibility requirements of the Act.

FACTS: Claimant quit her job because her employer cut her hours. She told the Agency and the Referee she was able to work 20 – 25 hours per week and no more than 30 hours per week. The Referee reversed a disqualification under Section 29(1)(a) but held claimant ineligible because not available for full-time work. When claimant appealed to the Board of Review, she asserted she misunderstood the question regarding availability and that she was available for full time work.

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

RATIONALE: Claimant consistently made statements she was not available to work full-time. Therefore, the Board of Review was justified in concluding she was ineligible for benefits under Section 28(1)(c).

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