Webber v Lansing Insurance Agency – 10.18

Webber v Lansing Insurance Agency
Digest no. 10.18

Section 29(1)(a)

Cite as: Webber v Lansing Ins Agency, No. 78-22105 AA, Ingham Circuit Court (April 18, 1980).

Appeal pending: No
Claimant: Bobbi Webber
Employer: Lansing Insurance Agency
Docket no.: B77 7500 55662
Date of decision: April 18, 1980

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CIRCUIT COURT HOLDING: Good cause for voluntary leaving may be found where the claimant felt discriminated against, even where a final order of the Michigan Civil Rights Commission has found no actionable discrimination.

FACTS: The claimant resigned and filed a Civil Rights Commission complaint alleging sex discrimination. An M.E.S.C. referee found good cause for voluntary leaving. The Civil Rights complaint was dismissed, but the Board of Review subsequently affirmed the referee.

DECISION: The claimant is not disqualified for voluntary leaving.

RATIONALE: “The binding effect of administrative rulings has been dealt with by the Court of Appeals in the case of Strachan v Mutual Aid Club, 81 Mich App 165 265 NW2D 66 (1978).” “The court illustrates that once an administrative order becomes final, res judicata will attach.” “The Michigan Employment Security Commission is barred from making an actual finding of fact that actionable discrimination here exists.” “[T]he Referee did not determine that there was actionable discrimination. Rather, the decision is founded upon appellee’s belief that her employer had discriminated against her.” “This determination is a far cry from a finding of actionable discrimination, and that is the only holding which can be barred by res judicata.”

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