10. Voluntary Leaving

Michael v City Sewer Co – 10.06

Michael v City Sewer Co
Digest no. 10.06

Section 29(1)(a)

Cite as: Michael v City Sewer Co, unpublished opinion of the Court of Appeals of Michigan, issued October 29, 1980 (Docket No. B77 17151 57756).

Appeal pending: No
Claimant: James E. Michael
Employer: City Sewer Co.
Docket no.: B77 17151 57756
Date of decision: October 29, 1980

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COURT OF APPEALS HOLDING: Where a person with a restricted driver’s license is employed as a driver, on the condition that the employee will pay the additional cost of high risk insurance, a large increase in the cost of the insurance is not good cause for voluntary leaving.

FACTS: When the claimant began driving a truck for the employer he had a restricted driver’s license. He was required to pay $75.00 for the extra cost of high risk insurance for one year. When the additional cost rose to $600.00 for six months, the claimant voluntarily resigned.

DECISION: The claimant is disqualified for voluntary leaving.

RATIONALE: “The Supreme Court has stated in Echols v Employment Security Comm, 380 Mich 87, 92 (1968); ” … the loss of a claimant’s prerequisites for continued employment, especially through his own negligence, is a voluntary leaving without good cause attributable to the employer.”

“Plaintiff was not subjected to additional requirements by the employer, rather it was plaintiff’s failure to maintain the prerequisite license and insurance which resulted in his job loss.”

“[F]rom the very beginning plaintiff paid the insurance, and had he not done so, he would not have been hired to drive a truck.”

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