Makela (Waterford School District) – 10.20

Makela (Waterford School District)
Digest no. 10.20

Section 29(1)(a)

Cite as: Makela (Waterford School Dist), 1980 BR 66562 (B79 01484).

Appeal pending: No
Claimant: Eve Makela
Employer: Waterford School District
Docket no.: B79 01484 66562
Date of decision: April 9, 1980

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BOARD OF REVIEW HOLDING: Where an individual is on a layoff for lack of work, and resigns to accept work with another employer, the claimant is not disqualified for voluntary leaving.

FACTS: The claimant, a teacher aide, was laid off in June. She received reasonable assurance or reemployment in the fall. While on layoff, the claimant accepted office work with another employer, and resigned the teacher aide position.

DECISION: The claimant is not disqualified for voluntary leaving.

RATIONALE: “Prior Board decisions have consistently held that in order for the disqualification provisions of Section 29(1)(a) to apply the claimant must be actually in employment or that the employment relationship continues as in the case of a leave of absence or labor dispute. Here, the claimant was not in employment when she quit and, therefore, is not subject to the disqualification provisions of the Act. See Wright (Packard Motor Car Co), Appeal Docket No. B9-1771-9898 (1949).”

Digest Author: Board of Review (original digest here)
Digest Updated: 11/90