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Lyscas v Chrysler Corp 13.08

Section 29(1)(e), 29(6)

REFUSAL OF WORK, Good cause, Length of unemployment, Recall rights, Physical fitness, Seniority, Suitable work

CITE AS: Lyscas v Chrysler Corp, 76 Mich App 55 (1977).

Appeal pending: No

Claimant: Henry B. Lyscas

Employer: Chrysler Corporation

Docket No: B74 6163 46125

COURT OF APPEALS HOLDING: Short unemployment, physical limitation and the desire to retain several years seniority in specialized work may constitute good cause for refusal of assembly work where the employer has not proven that the offered work is suitable for the claimant.

FACTS: The claimant was a grinder operator at a Dearborn plant, with several years experience, when he was laid off. Thirteen (13) days later the employer offered him assembly work at a Hamtramck facility. The claimant refused, citing his small stature and his desire to retain his seniority at the Dearborn location. The Referee found the claimant to be less than 5 feet tall and under 120 pounds.

DECISION: The claimant is not disqualified for refusal of work.

RATIONALE: "Acceptance of the offered employment would have required the claimant to lose the benefits of his prior training and experience. Certainly a temporary requirement that he do this should be weighed differently than a permanent one in determining the suitability of the offered employment. And a permanent loss of the benefit of one's prior training and experience would affect suitability differently if the period of unemployment had been lengthy and the prospects for recall were slight than it would if the period of unemployment had been brief and the prospects for recall were good. Loss of recall rights was, therefore a fact which in this case had a bearing on some of the [Section] 29(6) factors and should have been considered by the appeal board.

The Court cited Gilliam v Chrysler Corp, 72 Mich App 538 (1976), as authority.



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