Leonard v Dimitri’s Restaurant – 10.39

Leonard v Dimitri’s Restaurant
Digest no. 10.39

Section 29(1)(a)

Cite as: Leonard v Dimitri’s Restaurant, No. 84-1550 AE Macomb Circuit Court (October 25, 1984).

Appeal pending: No
Claimant: Rosemary Leonard
Employer: Dimitri’s Restaurant
Docket no.: B81 16355 83802
Date of decision: October 25, 1984

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CIRCUIT COURT HOLDING: The testimony reveals a believable pattern of sexual harassment and conduct unacceptable in the employer-employee relationship.

FACTS: Claimant quit after employers fondled her and made suggestive comments to her. The waitresses uniforms were changed to “very brief” uniforms. Claimant’s hours were cut while the claimant was attending her boyfriend who was terminally ill. The hours were not restored. Moreover, claimant was threatened with repercussions if she did not tell her girlfriend not to return to the restaurant. The incidents of sexual harassment were corroborated by other waitresses who had worked for the employers. The employers denied actively taking part in any of the incidents and related that the claimant harassed them.

DECISION: Claimant is not disqualified for voluntary leaving.

RATIONALE: The totality of the circumstances … including the sexual improprieties, the threatening talk with regard to her friend’s conduct, the cutting of her hours … constituted good cause attributable to the employer. The employer’s testimony lacked credibility and/or credible corroboration.

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