10. Voluntary Leaving

Lakeshore Public Academy v Scribner – 10.91

Lakeshore Public Academy v Scribner
Digest no. 10.91

Section 29(1) (a)

Cite as: Lakeshore Pub Academy v Scribner, unpublished opinion of the Oceana Circuit Court, issued May 10, 2004, (Docket No. 03-004110-AE).

Appeal pending: No
Claimant: Patricia A. Scribner
Employer: Lakeshore Public Academy
Docket no.: B2003-06865-RO1-170206
Date of decision: May 10, 2004

View/download the full decision

CIRCUIT COURT HOLDING: Claimant established good cause for leaving. Employer did not complete the process of handling the claimant’s complaint by communicating to her that it was investigated and what action would or would not be taken in response. The claimant reasonably concluded the employer was unable or unwilling to discipline a co-worker who violated employer’s rule against threatening behavior.

FACTS: Claimant worked as a teacher. Another teacher and his wife, confronted claimant in her classroom regarding her discipline of their child on the previous day. Claimant testified the other teacher put his finger in her face, glared at her, and made intimidating comments. This happened as students were entering the classroom. Claimant reported this incident to the employer, and indicated she could not work under those conditions. Employer had a policy prohibiting threatening behavior toward staff which provided that if a threat occurred, the perpetrator would be disciplined. Employer’s witness investigated the incident, but could not reconcile differing statements from claimant and the other teacher, so the teacher was not disciplined. After not hearing anything more from the administration, claimant resigned a couple weeks later.

DECISION: Claimant is not disqualified for voluntary leaving.

RATIONALE: “The ALJ’s decision turned on the failure of the Academy to complete the normal and expected handling of an employee’s grievance by communicating to the employee the results of the investigation and what, if any, action would be taken in response to the complaint.” It is the manner in which employer handled the complaint, not the failure to impose discipline, that leads to a finding of non-disqualification.

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

10. Voluntary Leaving

Simpson v MBS Commerical Printers, Inc – 10.97

Simpson v MBS Commerical Printers, Inc
Digest no. 10.97

Section 29(1)(a)

Cite as: Simpson v MBS Commercial Printers, Inc, unpublished opinion of the Bay Circuit Court, issued August 25, 2000 (Docket No. 99-3129-AE-B).

Appeal pending: No
Claimant: Darren H. Simpson
Employer: MBS Commercial Printers, Inc.
Docket no.: B98-00846-148280W
Date of decision: August 25, 2000

View/download the full decision

CIRCUIT COURT HOLDING: A death threat made by employer, coupled with past abuse from the employer, and the employee’s reasonable belief that employer was capable of acting on the threat, constitutes good cause attributable to the employer for voluntary leaving.

FACTS: On the claimant’s last day, he had an argument with the owner, which the owner initiated. Claimant testified the owner threatened to kill him, which the employer denied. The ALJ failed to make a credibility finding. Claimant had difficulty with the owner in the past – physical and verbal abuse by the owner, and a physical assault by the owner’s brother. The owner owned guns; claimant believed he would carry out the death threat and later filed a police report. The claimant worked the balance of his shift before leaving.

DECISION: The claimant is not disqualified from receiving benefits.

RATIONALE: Claimant finished his shift on Friday, and notified employer that he quit the following Monday. Instead of provoking employer in an environment employer controlled, claimant opted to notify employer of his leaving at a later time, allowing for a period of “cooling down.” Claimant chose the prudent course, which in no way diminishes the seriousness of employer’s threat. Good cause exists where the circumstances which prompted the claimant’s departure would have caused an average, reasonable, and otherwise qualified worker to leave. Carswell v Share House, Inc, 151 Mich App 392 (1986). The employer made a death threat. Employees should not have to labor under the threat of murder.

Digest Author:  Board of Review (original digest here)
Digest Updated: 11/04