05. Denial Periods

Kentwood Schools v Marks – 5.22

Kentwood Schools v Marks
Digest no. 5.22

Section 27(i)

Cite as: Kentwood Schools v Marks, unpublished opinion of the Kent Circuit Court, issued April 7, 2000 (Docket No. 99-02921-AE).

Appeal pending: No
Claimant: Esther D. Marks
Employer: Kentwood Schools
Date of decision: April 7, 2000

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CIRCUIT COURT HOLDING: Under Section 27(i)(1), whether the terms and conditions of claimant’s employment are similar to previous work for the employer, is irrelevant to the issue of eligibility when a claimant has a contract in fact for the following school year.

FACTS: Claimant had been a paraprofessional reading instructor. Employer laid claimant off due to budget and personnel cutbacks. Claimant was able to bid on different positions, with equivalent pay, conditions and benefits. Given her seniority claimant was assured work in one of those positions if she wanted it. Instead claimant chose a non-instructional position with a significant decrease in hours and benefits. Claimant had a contract for employment for the following school year.

DECISION: Claimant is ineligible for benefits under Section 27(i).

RATIONALE: “Even where there exists a reasonable assurance of continued employment, benefits may not be denied unless the terms and conditions of such employment are reasonably similar to those of the previous year.” Paynes v Detroit Board of Education, 150 Mich App 358 (1986). But, the existence of a contract negates any requirement for such similar terms and conditions. Paynes, supra, at 372, 373 and 378.

As the claimant had a contract for the following school term, the terms and conditions of claimant’s new employment were irrelevant on the issue of eligibility. The benefit ineligibility provisions of Section 27(i)(1) apply where there is 1) an actual contract or work, or, 2) reasonable assurance of work under similar terms and conditions in an instructional, research or principal administrative capacity.

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