Toner v Physician’s Bookkeeper, Inc – 10.41

Toner v Physician’s Bookkeeper, Inc
Digest no. 10.41

Section 29(1)(a)

Cite as: Toner v Physician’s Bookkeeper, Inc, unpublished opinion of the Court of Appeals, issued January 15, 1985 (Docket No. 75551).

Appeal pending: No
Claimant: Debbie Toner
Employer: Physician’s Bookkeeper, Inc.
Docket no.: B81 11228 69170
Date of decision: January 15, 1985

View/download the full decision

COURT OF APPEALS HOLDING: Substantial evidence supports the conclusion that plaintiff quit her job.

FACTS: Plaintiff, a full-time student, was asked to work eight hours of overtime, along with the other employees, because of a temporary backlog of work. Plaintiff tried several alternatives in attempting to work the overtime hours, but could not avoid a conflict with her school work. The plaintiff told the employer she believed she would have to quit work. The employer asked whether she wanted to give her notice at that time or wait until the second semester. Plaintiff elected to give notice at that time.

DECISION: Claimant is disqualified for voluntary leaving.

RATIONALE: “The Board’s decision turned on resolution of an evidentiary conflict, namely whether plaintiff quit her job or whether she was dismissed. The manager testified that plaintiff quit. Plaintiff admitted experiencing difficulty in reconciling her work hours with her college class schedule. The employer tried to accommodate the needs of the employee. This is not an instance in which the employer coerced the claimant to abandon employment by leaving her with no tenable alternative.”

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