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Allied Building Service v ESC 13.06

Sections 29(1)(e), 29(6)

REFUSAL OF WORK, Fear of crime, Geographical area, Offer of former job, Personal reason, Recall after resignation, Successive disqualification, Suitable work

CITE AS: Allied Building Service v ESC, 93 Mich App 500 (1979).

Appeal pending: No

Claimant: Stanley Stachow, Jr.

Employer: Allied Building Service Co.

Docket No: B76 914 50792

COURT OF APPEALS HOLDING: Where fear of the neighborhood is not sufficient cause for voluntary leaving, refusal of reemployment is disqualifying, especially if more security is offered.

FACTS: The claimant worked alone in an office at Woodward Avenue and Sproat Street in Detroit. After being threatened twice and robbed twice, he quit and was disqualified for voluntary leaving. Five days after leaving, the claimant was asked to return, with the addition of inside parking and escort service. He refused the offer.

DECISION: The claimant is disqualified for refusal of work.

RATIONALE: "Good cause to refuse work cannot be based upon purely personal reasons since the underlying policy of the Employment Security Act is to provide benefits for persons unemployed through no fault of their own, Losada v Chrysler Corp, 24 Mich App 656; 180 NW2d 844 (1970), LV DEN, 383 Mich 827 (1970).

"The Referee found that the claimant was aware of plaintiff's offer to provide security protection for his car and himself. Yet, claimant still refused to work for fear of the neighborhood. This fear was found to be insufficient cause for his quitting the job in the first place and does not constitute good cause for refusing the offer of reemployment, especially in light of the employer's offer to provide more security."



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