VOLUNTARY LEAVING, Loyalty oath
CITE AS: MacKintosh v MESC, Wayne Circuit Court No. 95-509950-AE (September 11, 1995)
Appeal pending: No
Claimant: Nancy MacKintosh
Employer: Forham Johnston Realty, Inc.
Docket No. B93-13467-129308
CIRCUIT COURT HOLDING: An employee's refusal to sign a confidentiality agreement and subsequent resignation is not with good cause attributable to the employer when the employer's request is reasonable.
FACTS: The claimant worked as the employer's office manager, and as a result had unique access to the employer's confidential information. The claimant's husband worked as an independent contractor for the employer, but resigned to accept a position with a competitor. The employer requested the claimant sign a confidentiality agreement. The claimant failed to do so. After three and a half weeks passed, the employer again requested she sign the confidentiality agreement. The claimant submitted a resignation. The employer requested she reconsider, but claimant decided to leave.
DECISION: The claimant is disqualified for benefits under Section 29(1)(a).
RATIONALE: The claimant was the only employee married to an employee of a competitor. The claimant had no right to reveal the employer's confidential information. The employer has the right to take reasonable precautions to protect its confidential information.
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