10. Voluntary Leaving

Kerrison v Flint Memorial Park Association – 10.71

Kerrison v Flint Memorial Park Association
Digest no. 10.71

Section 29(1)(a)

Cite as: Kerrison v Flint Mem Park Assoc, unpublished opinion of the Genesee Circuit Court, issued August 18, 1997 (Docket No. 94-33568-AE).

Appeal pending: No
Claimant: Christine Kerrison
Employer: Flint Memorial Park Association
Docket no.: B93-15828-RM9-137646W
Date of decision: August 18, 1997

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CIRCUIT COURT HOLDING: An employer’s “refusal to change an employee’s shift does not as a matter of law constitute good cause for quitting.”

FACTS: The claimant simultaneously held two separate positions with the employer. During the day she worked as an office supervisor at 40 hours per week alternating between working from 9:00 a.m. to 5:00 p.m. or 11:00 a.m. to 7:00 p.m. During the evening the claimant worked as a cleaning person twenty hours per week. The claimant went on a maternity leave. Before going on leave, the claimant requested to return to work on a part-time basis. On returning to work, the claimant worked the office job from 3:00 p.m. to 7:00 p.m. She requested additional hours, which the employer granted. The claimant also requested to return to the shift she worked before taking a maternity leave. The employer denied the request because that position was not available. The claimant then gave two weeks notice she was quitting the office position. Afterwards, the claimant was terminated from the cleaning position.

DECISION: The claimant is disqualified from receiving unemployment benefits.

RATIONALE: The claimant initially chose to limit her hours since she requested to return part-time after her maternity leave ended. When she requested more hours, the employer attempted to accommodate her. The claimant then insisted on returning to a position that was no longer available as the result of her choice to limit her hours. The claimant’s leaving is not with good cause attributable to the employer.

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

10. Voluntary Leaving

Davidson v Globe Security Systems – 10.43

Davidson v Globe Security Systems
Digest no. 10.43

Section 29(1)(a)

Cite as: Davidson v Globe Security Systems, No. 82-10158 AW Monroe Circuit Court (January 25, 1985).

Appeal pending: No
Claimant: Dennis Davidson
Employer: Globe Security Systems
Docket no.: B81 02428 76380
Date of decision: January 25, 1985

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CIRCUIT COURT HOLDING: Claimant was laid off when the employer unreasonably deprived claimant of work.

FACTS: The employer decided to eliminate the day shift of guards and to continue the afternoon and night shifts. The seniority of some day guards entitled them to bump a corresponding number of afternoon and night guards. Claimant could not immediately answer when he was asked whether he wanted afternoon or night shift, and replied that he wanted time to think. The employer treated this response as a quit.

DECISION: Claimant is not disqualified for voluntary leaving.

RATIONALE: “The employer gave the claimant a right to choose. The effect on a person’s lifestyle in choosing one shift as opposed to the other could and probably would be very great. The employer reasonably had three options: to make an immediate assignment to either shift; to fix time for the employee to consider; to tell the employee he must make an immediate choice or be deemed to have quit. The employer followed none of these options, but opted unreasonably to deprive the employee of any work.”

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