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Cooper v University of Michigan 10.07

Section 29(1)(a)

VOLUNTARY LEAVING, Burden of proof, Dissatisfaction with duties, Lack of work assignments, Non-productive time, Quantity of work, Question of law

CITE AS: Cooper v University of Michigan, 100 Mich App 99 (1980).

Appeal pending: No

Claimant: Margaret Cooper

Employer: University of Michigan

Docket No: B76 12784 54167

COURT OF APPEALS HOLDING: (1) The employer does not bear the burden of proof concerning disqualification for voluntary leaving. (2) Dissatisfaction with a lack of work assignments does not constitute good cause for voluntary leaving.

FACTS: The claimant left a clerical position, stating that her work assignments were not sufficient to keep her busy.

DECISION: The claimant is disqualified for voluntary leaving.

RATIONALE: "While we are clearly presented with a disqualification question, we disagree with plaintiff's position that the employer bears the burden of proof in all cases involving an employee's disqualification for unemployment benefits."

"Plaintiff herein left work because she was dissatisfied with the amount of work assigned to her. In light of the undisputed facts attending the plaintiff's cause, whether this motivation constitutes 'good cause attributable to the employer or employing unit' is a question of law, Thomas v Employment Security Comm, 356 Mich 665, 668, 97 NW2d 784 (1959).

"In Albright v Unemployment Compensation Board of Review, 106 A 2D 879 (Pa 1954), a bookkeeper quit his job because he did not have enough to do. The court held that the plaintiff was not entitled to unemployment benefits."


3, 5, 14:NA

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