10. Voluntary Leaving

Cross v Tri-Fecta, Inc – 10.121

Cross v Tri-Fecta, Inc
Digest no. 10.121

Section 29(1)(a)

Cite as: Cross v Tri-Fecta, Inc, Genesee Circuit Court, No. 12-98465-AE (June 27, 2013).

Appeal pending:
Claimant: Michelle H. Cross
Employer: Tri-Fecta, Inc.
Docket no.: 12-98465-AE
Date of decision: June 27, 2013

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CIRCUIT COURT HOLDING: When a claimant holds a part-time job and full-time job simultaneously, then voluntarily quits the part time position only to subsequently be terminated from her full-time position in a qualifying manner is not disqualified from unemployment benefits due to the voluntary quit of the part-time job.

FACTS: Claimant held two jobs simultaneously: a full-time position at Quality Roofing, and a part-time job as a waitress at Employer Tri-Fecta, Inc. Claimant left her job with Employer on April 10, 2009, leaving her with only her full-time position at Quality Roofing. However, shortly thereafter, she was let go from that job as well in a qualifying manner. Claimant applied for benefits, and a UIA determination found in her favor.

Employer appealed Claimant’s benefits, and the ALJ found in Employer’s favor due to an erroneous interpretation of the facts believing that Employer Tri-Fecta. was Claimant’s last employer. On appeal, MCAC noted the mistaken facts but still found for Employer because of voluntary termination from Employer Tri-Fecta. Claimant appealed to the Circuit Court.

DECISION: The MCAC decision is reversed, and Claimant is entitled to unemployment benefits.

RATIONALE: The court’s reasoning in this case is short and unusual, and provided here in its entirety: “In this case the factual findings of the ALJ cannot be determined to be conclusive. They were clearly in error. The Court further finds that the MCAC decision is in error. The MCAC reviews the findings and decisions of the ALJ. The decisions of the ALJ are to be accorded deference. Who can tell what the decision of the ALJ would have been had the ALJ known the facts as they really were? The Court finds that the review process in this case is entirely flawed. This Court has not been made aware of any appellate decision in the State of Michigan that upholds the results before me. The Court further finds the rationale and reasoning of the Kent County Circuit Court case cited by claimant to be persuasive. ”

Digest Author: Jack Battaglia
Digest Updated: 8/14

11. Leaving to Accept

Mullins v. Golden Home Health Care Agency – 10.108

Mullins v. Golden Home Health Care Agency
Digest No. 10.108

Section 421.29(1)(a)

Cite as: Mullins v Golden Home Health Care Agency, unpublished opinion of the Wayne County Circuit Court, issued May 27, 2005 (Docket No. 05-503476-AE).

Appeal pending: No
Claimant: Shirley Mullins
Employer: Golden Home Health Care Agency
Date of decision: May 27, 2005

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HOLDING: A claimant who was employed in two part-time jobs concurrently and subsequently quit one in order to accept a full-time job with the other employer is not disqualified from receiving benefits if she subsequently loses her job with the other employer for a non-disqualifying reason.   

FACTS: Claimant was working two different jobs with Golden Home Health and Walmart, concurrently. Golden Home Health told her she would be given additional clients which would require her to take on additional travel without reimbursement. Additionally, Claimant learned of a full time opportunity with Walmart that would entail higher pay, benefits, and no travel. Claimant decided to leave her employment with Golden Home Health to pursue the full time opportunity with Walmart. After leaving this position, Claimant lost her full time job with Walmart and sought to collect unemployment benefits. Claimant was denied.

The ALJ found Claimant was not disqualified for benefits. The MCAC reversed and found Claimant disqualified for benefits.

DECISION: The Circuit Court reversed the decision of the MCAC. Claimant is not disqualified for benefits.

RATIONALE: Per Dickerson v Norrell Health Care, Inc, unpublished opinion of the Kent County Circuit Court, issued September 21, 1995 (Docket No. 95-1806-AE), a claimant who had simultaneous full-time and part-time employment, who left the part-time job for disqualifying reasons and later unexpectedly lost the full-time job for non-disqualifying reasons is not disqualified from receiving benefits under Section 29(1)(a) of the Act.

Since, when Claimant quit her job with Golden Home Healthcare, it only resulted in one less job, and not total unemployment, Claimant’s decision to quit her job with Golden Home Health was not disqualifying under Section 29(1)(a) of the Act.

Digest author: Cydney Warburton, Michigan Law, Class of 2017
Digest updated: 10/31/2017