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Grant Community Hospital v Ackerberg 10.11

Section 29(1)(a)

VOLUNTARY LEAVING, Constructive voluntary leaving, Discharge, Leave of absence

CITE AS: Ackerberg v Grant Community Hospital, 138 Mich app 295 (1984).

Appeal pending: No

Claimant: Karla Ackerberg

Employer: Grant Community Hospital

Docket No: B81 07538 78982

COURT OF APPEALS HOLDING: The employer must show that the claimant falls within the expressed terms of one of the disqualifications stated in the unemployment act.

FACTS: Plaintiff submitted a leave of absence form requesting an unpaid, personal leave beginning March 27, 1981, and extending for one and one-half years. The employer countered with an offer to give plaintiff a 30-day leave of absence. Plaintiff refused a 30-day leave and believed she was rightfully allowed the leave she requested. Plaintiff informed the employer she intended to begin her leave as requested by her with or without approval. The employer terminated plaintiff's unemployment immediately.

DECISION: Claimant is not disqualified for voluntary leaving.

RATIONALE: Relying on Thomas v Employment Security Comm., 356 Mich 665 (1959) and Copper Range Co. v UCC, 320 Mich 460 (1948), the court declined to find a constructive voluntary leaving when the claimant was actually discharged by the employer. Because the employer discharged the claimant on March 23, we can only speculate as to what the claimant would have done on March 27. The Act does not permit disqualification on the basis of speculation as to what an individual would have done if he or she had not been discharged.


5, 6, d3:NA

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