10. Voluntary Leaving

Detroit Receiving Hospital v Arnoldi – 10.59

Detroit Receiving Hospital v Arnoldi
Digest no. 10.59

Section 29(1)(a)

Cite as: Detroit Receiving Hosp v Arnoldi, unpublished opinion of the Wayne County Circuit Court, Issued December 28, 1990 (Docket No. 90-012313-AE) .

Appeal pending: No
Claimant: Eva Arnoldi
Employer: Detroit Receiving Hospital
Docket no.: B88 12307 109719W
Date of decision: December 28, 1990

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CIRCUIT COURT HOLDING: Because changes in the U.S. immigration laws were beyond her control, a Canadian alien could not be disqualified for voluntary leaving when she resigned because her visa was not renewed.

FACTS: Claimant is a citizen of Canada. For sixteen years she worked as a registered nurse at Detroit Receiving Hospital. On 1-10-88 she applied to have her visa renewed but was denied because a new law limited the length of time non-resident aliens could work in the U.S. to five years and the claimant had already worked twelve. Unable to work in the U.S. any longer, the claimant resigned. She then filed for unemployment benefits.

DECISION: The claimant did not voluntarily leave her employment therefore was not disqualified for U.I.

RATIONALE: Claimant’s resignation was due to changes in the immigration law beyond her control and was therefore involuntary.

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