Section 29(1)(a)
VOLUNTARY LEAVING, Average employee standard, Fear of prejudice, Social relationship
CITE AS: Schultz v Grede Foundries, No 78 3191 (Mich App September 11, 1979); lv den 407 Mich 958 (1980).
Appeal pending: No
Claimant: Rosemarie Schultz
Employer: Grede Foundries, Inc.
Docket No: B76 7742 51982
COURT OF APPEALS HOLDING: Good cause for voluntary leaving exists " ... where an employer's actions would cause a reasonable, average and otherwise qualified worker to give up his or her employment."
FACTS: The claimant voluntarily resigned because of the employer's manner of filling a vacancy. Although the claimant was eventually selected, on the basis of seniority, a co-worker who had a social relationship with a supervisor was improperly offered the transfer first. The claimant expressed a fear that prejudice would be shown to her.
DECISION: The claimant is disqualified for voluntary leaving.
RATIONALE: "On appeal, plaintiff claims that the circuit court erred in adopting the 'average person' test as the standard for determining whether she left her employment without good cause attributable to defendant."
"Plaintiff was not under any legal, economic, or physical compulsion to leave her job, nor is there any evidence in the lower court record indicating that she did so unintentionally."
"We find that the 'average employee' standard properly effectuates the legislative intention behind MCL 421.29 (1)(A), MSA 17.531 (1)(A). Under that standard, 'good cause' compelling an employee to terminate his employment should be found where an employer's actions would cause a reasonable, average and otherwise qualified worker to give up his or her employment."
11/90
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