10. Voluntary Leaving

Rosewarne, d/b/a Crossroads Imports v Dyktor – 10.42

Rosewarne, d/b/a Crossroads Imports v Dyktor
Digest no. 10.42

Section 29(1)(a)

Cite as: Rosewarne v Dyktor, unpublished opinion of the Ingham County Circuit Court, issued February 26, 1985 (Docket No. 82-28690 AE).

Appeal pending: No
Claimant: Denise R. Dyktor
Employer: Mary Anne Rosewarne, d/b/a Crossroads Imports
Docket no.: B81 01118 76258
Date of decision: February 26, 1985

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CIRCUIT COURT HOLDING: (1) An employee who gives notice of an intent to quit should not be penalized with a loss of wages by termination prior to the intended date of separation. (2) Since Claimant was the party seeking review and the one unemployed, it was not an abuse of discretion to deny the employer’s request for an adjournment.

FACTS: The employer discharged Claimant in anticipation of Claimant’s projected departure.

DECISION: Claimant is not disqualified for voluntary leaving.

RATIONALE: The court, agreeing with Miller v Visiting Nurses Association, unpublished opinion of the Michigan Employment Security Board of Review, issued July 27, 1978 (Docket No. 1978 BR 54326), stated that notice of an employee’s intention to quit is a benefit to the employer. Thus, it makes no sense to discourage this practice by allowing the employer the prerogative of deciding the employee’s last date. “This court is merely acknowledging notions of fundamental fairness … The giving of notice … is appropriate behavior by an employee. Such behavior should not be penalized with a loss of expected wages.”

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