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Korhonen v Brown and Winckler 13.12

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

REFUSAL OF WORK, Distance to work, Offer of former job, Recall after resignation, Suitable work

CITE AS: Korhonen v Brown and Winckler, No. 23110, Ingham Circuit Court (December 20, 1979).

Appeal pending: No

Claimant: Joan I. Korhonen

Employer: Brown and Winckler

Docket No: B76 21570 RO 60787

CIRCUIT COURT HOLDING: Where an individual leaves nearby work and moves 75 miles away for personal reasons, the separation is disqualifying but a refusal to return to the former employment is not disqualifying.

FACTS: The claimant worked as a legal secretary. She was disqualified for voluntarily leaving a Lansing position in order to move from Lansing to Northville. The claimant requalified, but refused an offer of recall to the Lansing job, because the distance from her home was 75 miles.

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

RATIONALE: "The appellants assert that she had a job here in Lansing which was open, available to her which she could come to and earn a wage. That, therefore, she was not seeking work pursuant to the statute because she did not accept the employment with them.

"The Court finds, contrary to the assertion of the appellants, however, that she need not be available for work in Lansing because of the distance which exists between Northville, Michigan and Lansing, Michigan."

"The Commission correctly found, the Referee correctly found, and the Board of Review correctly found that the work offered to the claimant by the appellant was unsuitable because of the distance involved which she would have to travel to in order to enjoy that work."


7, 14, d3:NA

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