VOLUNTARY LEAVING, Withdrawal of resignation
CITE AS: Schultz v Oakland County, No. 113057 (Mich App January 22, 1991).
Appeal pending: No
Claimant: Arthur Schultz
Employer: Oakland County
Docket No: B87 06344 106226W
COURT OF APPEALS HOLDING: An unconditional resignation by an employee is effective immediately and if without good cause attributable to the employer, is disqualifying, notwithstanding an attempt to rescind the resignation prior to the last day of employment.
FACTS: Claimant was an Oakland County sheriff's deputy. Because of stress claimant was on a medical leave of absence scheduled to end December 8, 1986. On November 24, 1986 he had submitted a letter of resignation to the employer stating that he intended to change his career. Two days later he sought to withdraw the resignation letter, but to employer refused to allow him to do so. Claimant applied for unemployment benefits in April, 1987 but was denied. On appeal the claimant argued that his resignation was involuntary because he had not been allowed to withdraw it.
DECISION: Claimant was disqualified pursuant to Section 29(1)(a) of the Act.
RATIONALE: "Even in the light of the remedial purpose of the Michigan Employment Security Act, the majority of jurisdictions, with which we align ourselves, appear to deem the resignation of an employee, which is unconditional in its terms, immediately effective for unemployment compensation purposes, a voluntary leaving of the employment without good cause attributable to the employer and, thus, an act which renders the employee ineligible for unemployment benefits. This is so notwithstanding a subsequent attempt to rescind the notice of resignation prior to the actual last day of employment...."