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Johnson v MESC 16.60

Section 33

PROCEDURE, Voluntary leaving, Settlement agreement

CITE AS: Johnson v MESC, Berrien Circuit Court, No. 83-3682-AEG, (May 16, 1986).

Appeal pending: No

Claimant: Eleanor Johnson

Employer: Mercy Hospital

Docket No. B82 23292-88432W

CIRCUIT COURT HOLDING: A settlement agreement between the claimant and the employer is not binding on the Unemployment Agency as to claimant's entitlement to benefits.

FACTS: Claimant was discharged for refusing to work in the location ordered by her supervisor and left the workplace without permission. The Referee decision held the claimant disqualified under the misconduct provision of the Act. The claimant charged the employer with discrimination. The claimant and employer settled the discrimination claims. The settlement provided the claimant's separation would be considered a voluntary quit and the claimant would be allowed to collect unemployment insurance benefits. The MESC (now Unemployment Agency), was not a party to the agreement. The claimant contended she should receive benefits based on the settlement agreement.

DECISION: The claimant is disqualified for misconduct.

RATIONALE: The MESC was not a party to the settlement agreement, and the agreement did not change the findings of fact by the Referee.


1, 14: N/A

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