Section 29(1) (a)
VOLUNTARY LEAVING, Good cause, Threat, Co-worker behavior, Failure to communicate
CITE AS: Lakeshore Public Academy v Scribner, No. 03-004110-AE, Oceana Circuit Court (May 10, 2004)
Appeal pending: No
Claimant: Patricia A. Scribner
Employer: Lakeshore Public Academy
Docket No. B2003-06865-RO1-170206
CIRCUIT COURT HOLDING: Claimant established good cause for leaving. Employer did not complete the process of handling the claimant’s complaint by communicating to her that it was investigated and what action would or would not be taken in response. The claimant reasonably concluded the employer was unable or unwilling to discipline a co-worker who violated employer’s rule against threatening behavior.
FACTS: Claimant worked as a teacher. Another teacher and his wife, confronted claimant in her classroom regarding her discipline of their child on the previous day. Claimant testified the other teacher put his finger in her face, glared at her, and made intimidating comments. This happened as students were entering the classroom. Claimant reported this incident to the employer, and indicated she could not work under those conditions. Employer had a policy prohibiting threatening behavior toward staff which provided that if a threat occurred, the perpetrator would be disciplined. Employer’s witness investigated the incident, but could not reconcile differing statements from claimant and the other teacher, so the teacher was not disciplined. After not hearing anything more from the administration, claimant resigned a couple weeks later.
DECISION: Claimant is not disqualified for voluntary leaving.
RATIONALE: “The ALJ’s decision turned on the failure of the Academy to complete the normal and expected handling of an employee’s grievance by communicating to the employee the results of the investigation and what, if any, action would be taken in response to the complaint.” It is the manner in which employer handled the complaint, not the failure to impose discipline, that leads to a finding of non-disqualification.
11/04