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Borg v MUCC 10.23

Section 29(1)(a)

VOLUNTARY LEAVING, Burden of proof

CITE AS: Borg v MUCC, No. 277, 192 Wayne Circuit Court (February 28, 1955).

Appeal pending: No

Claimant: Edgar Borg

Employer: Ansaldi Tool & Engineering

Docket No: B54 749 15677

CIRCUIT COURT HOLDING: "On the question of disqualification for voluntarily leaving without good cause attributable to the employer, it appears to the court that the burden of proof is upon the employer to establish that voluntary leaving took place."

FACTS: Claimant worked for the employer until November 25, 1953. Claimant testified he did not work between that date and December 4, 1953 because there was no work. Claimant testified that the employer promised to call when work was available, but did not do so. The employer contended that claimant was unwilling to work full time and had voluntarily quit.

DECISION: Claimant is not disqualified.

RATIONALE: The employer did not establish that claimant's leaving was voluntary.



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