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Leeseberg v Smith-Jamieson Nursing, Inc 10.44

Section 29(1)(a)

VOLUNTARY LEAVING, Ill spouse, Personal reasons

CITE AS: Leeseberg v Smith-Jamieson Nursing, Inc., 149 Mich App 463 (1986).

Appeal pending: No

Claimant: Judy Leeseberg

Employer: Smith-Jamieson Nursing, Inc.

Docket No: B83 20309 94897

COURT OF APPEALS HOLDING: An employee is subject to disqualification for voluntary leaving when she deliberately fails to report to work for compelling personal reasons with foreknowledge her employment might end if she fails to report.

FACTS: Claimant's husband sustained serious injuries in an accident. Claimant twice phoned her employer to inform them she desired to remain home to care for him. She requested an indefinite leave of absence but the request was denied. She was told her position could not be held open and a replacement would be hired.

DECISION: Claimant is disqualified for voluntary leaving.

RATIONALE: "'Voluntary' connotes a choice between reasonable alternatives, Lyons v E.S.C., 363 Mich 201 (1961) ... Plaintiff chose to face termination because she wanted to care from her injured husband. While plaintiff's choice was prompted by compelling personal reasons, a good personal reason does not equate with good cause under the statute."


3, 6, d11:NA

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