04. Total or Partial Unemployment

MESC v Peterson – 4.16

MESC v Peterson
Digest no. 4.16

Section 48

Cite as: MESC v Peterson, unpublished opinion of the Court of Appeals of Michigan, issued September 29, 1982 (Docket No. B78 53074 65751).

Appeal pending: No
Claimant: Doris C. Peterson
Employer: Eastern Michigan University
Docket no.: B78 53074 65751
Date of decision: September 29, 1982

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COURT OF APPEALS HOLDING: Monies given to the claimant by the employer for services which had been voluntarily rendered were not earnings and therefore could not be considered remuneration for purposes of Section 48.

FACTS: The claimant voluntarily agreed to work without pay on a two month research project. Approximately three months after the claimant had performed her voluntary services the employer gave the claimant $2000.00 for her efforts.

DECISION: The claimant was eligible for benefits during the period which she rendered voluntary services since no remuneration had been earned.

RATIONALE: When the claimant agreed to perform the services it was understood they were being provided on a voluntary basis. As a consequence the claimant had no enforceable claim for remuneration and the employer had no obligation to pay. Absent some enforceable claim or obligation monies received for services rendered cannot be considered remuneration for purposes of the MES Act.

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