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Wisniewski v Bay City Board of Education 5.09

Section 27(i)

DENIAL PERIOD, Reasonable assurance, Substitute list

CITE AS: Wisniewski v Bay City Board of Education, No. 82-3591, Bay Circuit Court (June 25, 1984)

Appeal pending: No

Claimant: Debra A. Wisniewski

Employer: Bay City Board of Education

Docket No: B81 13659 79554

CIRCUIT COURT HOLDING: Reasonable assurance means that the chances ought to be fairly strong that the employee will come back to work.

FACTS: Claimant was informed that during the school year 1981-82, Claimant would perform services for the school district "as needed and when called." During the school year 1980-81, Claimant had performed "long term subbing" for the school district.

DECISION: Claimant is not subject to the school denial period.

RATIONALE: The school board could have set up a priorities list so that Claimants could have reasonable assurance that they would likely work, especially if the school board adds a statement as to its normal attrition rate or history. "All the employee got was a letter saying she had something which the letter did not provide to her ... she had nothing else to go on." The notice did not give the employee any reasonable assurance.


5, 6, d1:NA

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