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Chmielewski v General Dynamics 10.40

Section 29(1)(a)

VOLUNTARY LEAVING, Alternatives, Overtime, Pay reduction, Personal reasons for leaving

CITE AS: Chmielewski v General Dynamics, No. E834-00-606 AE, Kalamazoo Circuit Court, (January 2, 1985).

Appeal pending: No

Claimant: Anthony Chmielewski

Employer: General Dynamics

Docket No: B83 06554 90342W

CIRCUIT COURT HOLDING: The claimant's decision to quit was based on economic considerations and was voluntary.

FACTS: The employer cut down on claimant's overtime. Claimant decided to quit because: (1) his wife had suffered a heart attack and her physician lived in Kalamazoo; (2) claimant desired to use his wife's health insurance; (3) claimant's reduced pay made the cost of living away from Portage too prohibitive.

DECISION: Claimant is disqualified for voluntary leaving.

RATIONALE: "Basic purpose of the Michigan Employment Security Act is to provide relief to the unemployed worker and his family from the burden of unemployment ... " The claimant had a real choice - to move his family to Detroit as he had planned before his wife's heart attack and the cut in overtime - or to quit.

11/90

3, 6, d9:NA

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