10. Voluntary Leaving

Martinez v Old West Properties LLC – 10.113

Martinez v Old West Properties LLC
Digest no. 10.113

Section 29(1)(a), Section 29(6)

Cite as: Martinez v Old West Properties LLC, Unpublished Opinion of the Ingham County Circuit Court, Issued December 6, 2010 (Docket No. 10-422-AE).

Appeal pending: No
Claimant: Kimberly L. Martinez
Employer: Old West Properties LLC
Docket no.: 10-422-AE
Date of decision: December 6, 2010

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HOLDING: Claimant was not disqualified under Section 29(1)(a) for taking and subsequently leaving a job while her benefit year was in effect because the trial work period under Section 29(1)(a)(i) of the MESA applied.

FACTS: While Claimant was eligible for unemployment benefits, she accepted a job at Taco Bell working part time at a rate of $7.40 per hour, averaging 5-10 hours per week. After about a month, Claimant quit due to a lack of hours. The Board of Review determined that she was disqualified due to voluntary leaving under Section 29(1)(a), and Claimant appealed to the Circuit Court.

DECISION: The Circuit Court reversed the Board of Review, and Claimant is not disqualified from receiving benefits.

RATIONALE: Since Claimant had a benefit year in effect and she quit the new job within 60 days after starting it, she is entitled to application of the trial work period under Section 29(1)(a)(i). Section 29(6) states that a job may be considered unsuitable work if the pay rate is under 70 percent of the gross pay rate a claimant received immediately before becoming unemployed. Because the job at Taco Bell was unsuitable under the 70 percent rue due to lack of hours and she quit within the trial work period, Claimant is not disqualified.

Digest Author: Nick Phillips
Digest Editor: Jack Battaglia
Digest Updated: 8/14