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Health Alliance Plan of Michigan v Graham 13.22

Sections 29(1)(c), 29(1)(e)

REFUSAL OF WORK, Bona fide offer, Posting

CITE AS : Health Alliance Plan of Michigan v Graham, Wayne Circuit Court, No. 89-908418-AE (October 17, 1989).

Appeal pending: No

Claimant: Sandra Graham

Employer: Health Alliance Plan of Michigan

Docket No. B87-13500-107918

CIRCUIT COURT HOLDING: Claimant cannot be disqualified under Section 29(1)(e) when a job was posted but not specifically offered to her.

FACTS: Claimant was laid off from her non-medical secretary position on August 4, 1987. Previously claimant requested a job upgrade but could not be offered the upgraded position without meeting the minimum job qualifications including typing 60 wpm. Claimant refused to take a typing test. Also, as required by contract, employer posted the upgraded position so that all of its employees could bid on it. On July 31, 1987, claimant interviewed for a non-medical secretary position in a different department but declined the position because she considered it primarily receptionist rather than secretarial. Furthermore, it required evening hours which were unacceptable to claimant for personal safety reasons.

DECISION: Claimant is not disqualified for benefits under Sections 29(1)(c) or 29(1)(e) of the MES Act.

RATIONALE: The provisions of 29(1)(c) are not applicable. Therefore, the Referee properly framed the issue in terms of whether or not the claimant refused an offer of suitable work. General posting of a position is not an offer of work within the meaning of 29(1)(e). Claimant was not offered the upgraded position. As it is undisputed the claimant was laid off, her unwillingness to take the typing test does not convert the separation into a voluntary leaving. As to the other position for which claimant interviewed, her undisputed, credible testimony was that the position was of a lesser stature and, therefore, not suitable.


14, 4, d3: N/A

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