10. Voluntary Leaving

Webber v Lansing Insurance Agency – 10.18

Webber v Lansing Insurance Agency
Digest no. 10.18

Section 29(1)(a)

Cite as: Webber v Lansing Ins Agency, unpublished opinion of the Ingham Circuit Court, issued April 18, 1980 (No. 78-22105 AA).

Appeal pending: No
Claimant: Bobbi Webber
Employer: Lansing Insurance Agency
Docket no.: B77 7500 55662
Date of decision: April 18, 1980

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CIRCUIT COURT HOLDING: Good cause for voluntary leaving may be found where the claimant felt discriminated against, even where a final order of the Michigan Civil Rights Commission has found no actionable discrimination.

FACTS: The claimant resigned and filed a Civil Rights Commission complaint alleging sex discrimination. An M.E.S.C. referee found good cause for voluntary leaving. The Civil Rights complaint was dismissed, but the Board of Review subsequently affirmed the referee.

DECISION: The claimant is not disqualified for voluntary leaving.

RATIONALE: “The binding effect of administrative rulings has been dealt with by the Court of Appeals in the case of Strachan v Mutual Aid Club, 81 Mich App 165 (1978).” “The court illustrates that once an administrative order becomes final, res judicata will attach.” “The Michigan Employment Security Commission is barred from making an actual finding of fact that actionable discrimination here exists.” “[T]he Referee did not determine that there was actionable discrimination. Rather, the decision is founded upon appellee’s belief that her employer had discriminated against her.” “This determination is a far cry from a finding of actionable discrimination, and that is the only holding which can be barred by res judicata.”

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

04. Total or Partial Unemployment

Walters v Kelsey Hayes Wheel Co – 4.08

Walters v Kelsey Hayes Wheel Co
Digest no. 4.08

Section 48

Cite as: Walters v Kelsey Hayes Wheel Co, unpublished opinion of the Wayne Circuit Court, issued January 31, 1980 (Docket No. 74 005517 AE).

Appeal pending: No
Claimant: Johnnie Walters
Employer: Kelsey Hayes Wheel Co.
Docket no.: B73 1040 43943
Date of decision: January 31, 1980

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CIRCUIT COURT HOLDING: Back pay received as the result of a Civil Rights Commission settlement agreement more than one year after benefits are paid, is remuneration under Section 48 of the Act and is good cause for redetermination of the claimant’s eligibility.

FACTS: The claimant filed a complaint with the Michigan Civil Rights Commission in July, 1967, following his discharge by the employer. “On September 29, 1972, claimant and employer settled the Civil Rights claim by a stipulation which provided that the employer pay to the claimant back pay totaling $9,897.75.” “On October 30, 1972, employer notified the MESC of the stipulated settlement and requested a redetermination of claimant’s eligibility for benefits.”

DECISION: The back pay is remuneration under the Act.

RATIONALE: “The Commission held that inasmuch as more than one year has elapsed since the time the benefit payments were paid, the Commission lacked jurisdiction to redetermine claimant’s eligibility.

“The Referee reversed the Commission.”

“The transcript of the proceedings before the Referee on February 28, 1973, makes it clear that the settlement of $28,609.31 specifically included $9,897.75 as back pay for the time which claimant had drawn unemployment.”

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