Ryan v Macomb-Oakland Regional Center – 10.34

Ryan v Macomb-Oakland Regional Center
Digest no. 10.34

Section 29(1)(a)

Cite as: Ryan v Macomb-Oakland Regional Ctr, unpublished opinion of the Court of Appeals, issued May 22, 1987 (Docket No. 92138).

Appeal pending: No
Claimant: Michael Ryan
Employer: Macomb-Oakland Regional Center
Docket no.: B82 23667 90219
Date of decision: May 22, 1987

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COURT OF APPEALS HOLDING: The employer’s failure to meet internal performance standards which were higher than those required by law does not provide a basis for a finding of good cause for voluntarily leaving as it was not established an average, reasonable claimant would be compelled to leave work under such circumstances.

FACTS: The claimant was employed as an assistant program director for the Macomb-Oakland County Regional Center and was responsible for developing and implementing programs for the center’s severely retarded residents. The claimant voluntarily left his position. He resigned because he felt that the residents were receiving inadequate care. The claimant did not assert that the employer’s standards were below those required by the State and there was no evidence in the record to indicate the situation was such. Rather, the claimant attempted to show that the employer violated its own standard of providing habilitative, social, recreational and educational services to promote the individual growth of the residents.

DECISION: The claimant was disqualified for benefits under the voluntary leaving provision of the MES Act, Section 29(1)(a).

RATIONALE: While the claimant may have felt that the employer could have done a better job providing services there was nothing in the record to indicate the services actually rendered were in any way substandard. Consequently, the claimant was without good cause for his leaving and therefore was disqualified for benefits.

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