Sections 48, 44
EMPLOYED, Unemployed, Remuneration, Retroactive pay
CITE AS: Fletcher v Atrex Corp. , Macomb Circuit Court, No. 96-7137-AE (October 22, 1997).
Appeal pending: No
Claimants: Clare Fletcher
Employer: Color Custom Compounding, Inc., d/b/a Atrex Corp.
Docket No. FSC 95-00061-136470W
CIRCUIT COURT HOLDING: Where claimant spent her time performing services, though not paid for those services until after the fact, she was nonetheless employed and received remuneration.
FACTS: Claimant had a benefit year in effect in May 1992 when she began performing services for Universal Plastics. At that time, that employer was unable to offer her a paying job. Nonetheless, claimant continued to perform services until she was officially hired there August 1, 1992, at which time she informed the Agency that she was employed. After claimant was hired she was compensated retroactively for the services she performed between May and August 1992. When the Agency became aware of this a determination was issued holding claimant ineligible for the May - August period under Section 48.
DECISION: Claimant is ineligible for benefits for the period May 3, 1992, through July 11, 1992, under Section 48.
RATIONALE: Remuneration is compensation for personal services and is not limited by the statute as to when it is paid - it may be paid after the service is rendered and not in the form of an hourly or weekly rate. The substantial amounts claimant received in addition to her regular wages after she was hired were, in fact, remuneration for services rendered during the period in question.
7/99
12, 21: B