VOLUNTARY LEAVING, Constructive
CITE AS: Miller v Soo Coin Wholesale Vending Co, No. 78-12255-AE, Muskegon Circuit Court (July 6, 1979).
Appeal pending: No
Claimant: Roxanne Miller
Employer: Soo Coin Wholesale Vending Company
Docket No: B76 17106 RO 54539
CIRCUIT COURT HOLDING: Claimant was terminated. Therefore her leaving cannot be described as voluntary.
FACTS: After missing several days of work, claimant was told that she would have to be replaced. She was told that she could return to train her replacement and help catch up on other work, but she did not return.
DECISION: Claimant is not disqualified.
RATIONALE: To characterize claimant's termination as a voluntary quit is akin to "constructive voluntary leaving" which has been rejected and criticized by the Michigan Supreme Court. Wickey v Michigan Employment Security Commission 369 Mich 487 (1959). "'Claimant did not quit but was, in fact, discharged because of her absences from work. The fact that claimant could have trained her replacement does not convert claimant's termination into a voluntary leaving ...'" (Quoting dissenting opinion of Board of Review Member).
7, 15, d5:NA