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Mann v H & H Wholesale, Inc 10.68

Section 29(1)(a)

VOLUNTARY LEAVING, Good cause, Pay reduction, Loss of overtime, De novo fact finding.

CITE AS: Mann v H & H Wholesale, Inc., Wayne Circuit Court No. 89-910064-AE (September 14, 1989)

Appeal pending: No

Claimant: Earl Mann

Employer: H & H Wholesale, Inc.

Docket No. B88-00843-108076

CIRCUIT COURT HOLDING: A 15% reduction in pay does not constitute good cause attributable to the employer.

FACTS: While employed, claimant had earned $8.00 per hour and worked 47 1/2 hours per week. Near the end of claimant's employment the employer became aware it was obligated to pay the claimant time and a half for overtime. The employer informed the claimant he would receive all back pay owed and the claimant's schedule would be reduced to 40 hours per week. The reduction in hours would have resulted in a net decrease in the claimant's pay of 15%. Claimant quit.

DECISION: Claimant is disqualified for voluntary leaving.

RATIONALE: In contrast to other cases involving greater reductions in pay, the court found as a matter of law the 15% reduction was not substantial enough to constitute good cause to leave employment.

Note, in reaching its' decision, the circuit court observed that it was reviewing the facts as found by the Board, as the Board is the ultimate fact-finder, not the Referee.


3, 4, d14: E

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