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Rosewarne, d/b/a Crossroads Imports v Dyktor 10.42

Section 29(1)(a)

VOLUNTARY LEAVING, Abuse of discretion, Adjournment of hearing, Discharge, Due process, Resignation

CITE AS: Rosewarne, d/b/a/ Crossroads Imports v Dyktor, No.

82-28690 AE, Ingham Circuit Court (February 26, 1985).

Appeal pending: No

Claimant: Denise R. Dyktor

Employer: Mary Anne Rosewarne, d/b/a Crossroads Imports

Docket No: B81 01118 76258

CIRCUIT COURT HOLDING: (1) An employee who gives notice of an intent to quit should not be penalized with a loss of wages by termination prior to the intended date of separation. (2) Since claimant was the party seeking review and the one unemployed, it was not an abuse of discretion to deny the employer's request for an adjournment.

FACTS: The employer discharged claimant in anticipation of the claimant's projected departure.

DECISION: Claimant is not disqualified for voluntary leaving.

RATIONALE: The court, agreeing with Miller v Visiting Nurses Association, 1978 BR 54326, stated that notice of an employee's intention to quit is a benefit to the employer. Thus, it makes no sense to discourage this practice by allowing the employer the prerogative of deciding the employee's last date. "This court is merely acknowledging notions of fundamental fairness ... The giving of notice ... is appropriate behavior by an employee. Such behavior should not be penalized with a loss of expected wages."


5, 6, d1:A

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