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Kirby v Benton Harbor Screw Co 10.64

Section 29(1)(a)

VOLUNTARY LEAVING, Leaving or discharge, Evidence of intent, Fact-finding, Substantial evidence

CITE AS: Kirby v Benton Harbor Screw Co., unpublished per curiam Court of Appeals June 16, 1995 (Docket No. 163513).

Appeal pending: No

Claimant: Michael J. Kirby

Employer: Benton Harbor Screw Co.

Docket No. B90-10197-116367W

COURT OF APPEALS HOLDING: The Board of Review decision must be affirmed if based on competent, material, substantial evidence in the record and in accordance with the law.

FACTS: The parties disagreed as to the proper characterization of the separation.

On February 15, 1990, his last day of work, the claimant received an unfavorable evaluation. He finished his shift that day and went home. He returned to the plant later that evening. While there, he went to his office, reconciled his petty cash account, left documentation of his expense account, cleared his personal belongings from his desk and left his company keys. He also asked two co-workers to witness these acts and verify he was only taking his personal effects. While departing the claimant mumbled an obscenity and stated, "I'm leaving." Thereafter, the claimant appeared to work at his regular time the following Monday only to discover he had been replaced.

DECISION: Claimant is disqualified for voluntary leaving.

RATIONALE: Although the circuit court and Court of Appeals may have reached a different conclusion given the facts in the record, the circuit court decision was reversed and the Board of Review decision reinstated because there was competent, material and substantial evidence to support the Referee and Board's finding that the claimant had voluntarily left his employment.


11, 19: F

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