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Davidson v Globe Security Systems 10.43

Section 29(1)(a)

VOLUNTARY LEAVING, Alternatives, Shift change, Discharge

CITE AS: Davidson v Globe Security Systems, No. 82-10158 AW Monroe Circuit Court (January 25, 1985).

Appeal pending: No

Claimant: Dennis Davidson

Employer: Globe Security Systems

Docket No: B81 02428 76380

CIRCUIT COURT HOLDING: Claimant was laid off when the employer unreasonably deprived claimant of work.

FACTS: The employer decided to eliminate the day shift of guards and to continue the afternoon and night shifts. The seniority of some day guards entitled them to bump a corresponding number of afternoon and night guards. Claimant could not immediately answer when he was asked whether he wanted afternoon or night shift, and replied that he wanted time to think. The employer treated this response as a quit.

DECISION: Claimant is not disqualified for voluntary leaving.

RATIONALE: "The employer gave the claimant a right to choose. The effect on a person's lifestyle in choosing one shift as opposed to the other could and probably would be very great. The employer reasonably had three options: to make an immediate assignment to either shift; to fix time for the employee to consider; to tell the employee he must make an immediate choice or be deemed to have quit. The employer followed none of these options, but opted unreasonably to deprive the employee of any work."


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