07. Eligibility - Able & Available

Walls v Career Consultants – 7.09

Walls v Career Consultants
Digest no. 7.09

Section 28(1)(c)

Cite as: Walls v Career Consultants, unpublished opinion of the Kalamazoo Circuit Court, issued April 6, 1978 (Docket No. D 774 00 476 AV).

Appeal pending: No
Claimant: Sharon Walls
Employer: Career Consultants
Docket no.: B76 613 RO 53037
Date of decision: April 6, 1978

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CIRCUIT COURT HOLDING: A seeking work waiver does not excuse a claimant from being available under Section 28(1)(c).

FACTS: Claimant worked for the employer on commission as a placement counselor, finding work for others. After she became pregnant, she started missing work. She quit her employment although she was still physically able to work. Claimant took several Civil Service exams and had registered at a number of places — among them, some temporary agencies like Manpower, and at least one placement agency.

DECISION: Claimant is ineligible for benefits.

RATIONALE: “This Court is unable to see the distinction appellant claims between (a) seeking work and (c) available for work. Certainly they are two separate requirements under the statute and if there was a waiver in effect, as the appellant claims, she probably did not have to seek work under Section 28(1)(c) but the waiver would not excuse her being available under Section 28(1)(c). Since her mental attitude was in issue, this court feels the referee properly considered her seeking work to determine her credibility in saying she was available for work. We cannot look into her mind to see her mental attitude, but her conduct throws some light on her mental attitude.”

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