VOLUNTARY LEAVING, Layoff notice, Resignation
CITE AS: Cooper v Mount Clemens Schools, Barry Circuit Court, No. 98-194-AE (December 29, 1998).
Appeal pending: No
Claimant: Cyntheal Cooper
Employer: Mount Clemens Schools
Docket No. B97-12037-146470
CIRCUIT COURT HOLDING: A person who "resigns" after losing their job to a layoff has not voluntarily terminated their employment.
FACTS: On April 24, 1997 the claimant received a notice she would be laid off at the end of the contract year. On April 28, 1998 the claimant submitted a letter to the employer that indicated the claimant would not return to work for the employer in the next school year.
DECISION: The claimant is not disqualified for voluntary leaving.
RATIONALE: The Board of Review erred by finding the claimant left her position voluntarily. Claimant could not leave a job she already lost. "A person who `resigns' after losing their job to a layoff has not voluntarily terminated their employment."
24, 16, d22: F