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Michael v City Sewer Co 10.06

Section 29(1)(a)

VOLUNTARY LEAVING, Condition of employment, High risk insurance, Restricted driver's license, Truck driver

CITE AS: Michael v City Sewer Co, No. 47314 (Mich App October 29, 1980).

Appeal pending: No

Claimant: James E. Michael

Employer: City Sewer Co.

Docket No: B77 17151 57756

COURT OF APPEALS HOLDING: Where a person with a restricted driver's license is employed as a driver, on the condition that the employee will pay the additional cost of high risk insurance, a large increase in the cost of the insurance is not good cause for voluntary leaving.

FACTS: When the claimant began driving a truck for the employer he had a restricted driver's license. He was required to pay $75.00 for the extra cost of high risk insurance for one year. When the additional cost rose to $600.00 for six months, the claimant voluntarily resigned.

DECISION: The claimant is disqualified for voluntary leaving.

RATIONALE: "The Supreme Court has stated in Echols v Employment Security Comm, 380 Mich 87, 92; 155 NW2d 824 (1968); " ... the loss of a claimant's prerequisites for continued employment, especially through his own negligence, is a voluntary leaving without good cause attributable to the employer."

"Plaintiff was not subjected to additional requirements by the employer, rather it was plaintiff's failure to maintain the prerequisite license and insurance which resulted in his job loss."

"[F]rom the very beginning plaintiff paid the insurance, and had he not done so, he would not have been hired to drive a truck."


3, 7, d14:NA

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