10. Voluntary Leaving

McGee v Jervis B Webb, Co – 10.32

McGee v Jervis B Webb, Co
Digest no. 10.32

Section 29(1)(a)

Cite as: McGee v Jervis B Webb, Co, unpublished opinion of the Wayne County Circuit Court, issued June 4, 1980 (Docket No. 80-004405 AE).

Appeal pending: No
Claimant: James McGee
Employer: Jervis B. Webb Co.
Docket no.: B78 54246 61954
Date of decision: June 4, 1980

View/download the full decision

CIRCUIT COURT HOLDING: An employee ” … does not have a unilateral right to rescind his resignation at will.”

FACTS: The claimant told his employer he was quitting his job. He then left work without authorization. “It is undisputed that later in the day the appellant thought better of his decision to walk of the job in a huff and attempted to revoke his resignation. His employer, however, would not concur.”

DECISION: The claimant is disqualified for voluntary leaving.

RATIONALE: “Based upon the authorities called to my attention, the decision involving facts most closely analogous to the facts in this case is the decision of the Michigan Supreme Court in Jenkins v Employment Security Commission, 364 Mich 379 (1961). In Jenkins, the Michigan Supreme Court held that the employee had left work voluntarily without good cause attributable to the employer.”

“It would seem to this Court that, once an employee manifests the intention to his employer to quit permanently, that the employer has a right to accept such manifestation at face value. It seems to this Court to be both fair and logical to conclude that the employee does not have a unilateral right to rescind his resignation at will.”

Digest Author: Board of Review (view original digest here)
Digest Updated: 11/90