04. Total or Partial Unemployment

Ciaramitaro v Modern Hard Chrome Service – 4.26

Ciaramitaro v Modern Hard Chrome Service
Digest no. 4.26

Section 48

Cite as: Ciaramitaro v Modern Hard Chrome Service, unpublished opinion of the Macomb Circuit Court, issued November 1, 1996 (Docket No. 96-4644-AE).

Appeal pending: No
Claimant: Sam P. Ciaramitaro
Employer: Modern Hard Chrome Service
Docket no.: B91-12323RR-131804W
Date of decision: November 1, 1996

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CIRCUIT COURT HOLDING: Where claimant involuntarily retired and received a week’s pay for each year he worked for employer, such pay was severance pay and was not remuneration under Section 48.

FACTS: Claimant retired involuntarily on February 2, 1990. As part of the early retirement package claimant received a 34 week “salary continuation” from February 8, 1990 through September 27, 1990. He did not apply for benefits until after those payments ended. The MESC held that the claimant received severance pay which is not remuneration and cannot be used to establish credit weeks.

DECISION: Claimant is ineligible for benefits because he had insufficient credit weeks in the 52 week period preceding his application to establish a claim.

RATIONALE: Claimant failed to prove that he was legally entitled to receive a continuing weekly salary if involuntarily retired. Claimant performed no services in exchange for the monies he received.

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