Anulli v Easy Cut Tool Corp – 7.32

Anulli v Easy Cut Tool Corp
Digest no. 7.32

Section 28(1)(c)

Cite as: Anulli v Easy Cut Tool Corp., Macomb Circuit Court, No. 89-3688-AE (November 8, 1990).

Appeal pending: No
Claimant: Ettore Anulli
Employer: Easy Cut Tool Corporation
Docket no.: B87-15460-107554W
Date of decision: November 8, 1990

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CIRCUIT COURT HOLDING: Where claimant spent time answering phones and giving quotes for 20 hours a week for a company in which he had substantial investment, and also was unable to show he was seeking work, he did not establish he was available for full time work.

FACTS: Claimant had a 51 percent ownership interest in the involved employer. It was decided to dissolve the business. Claimant filed for benefits. While collecting benefits claimant spent 20 hours per week at Vance, Inc., another business in which he had a substantial investment.

DECISION: Claimant is ineligible under Section 28(1)(c).

RATIONALE: Court cites Dwyer v UCC, 321 Mich 178 (1948). Claimant spent substantial amount of time at Vance, Inc. while drawing benefits, although he wasn’t paid. He also failed to demonstrate that he was seeking work and therefore was unable to show a genuine attachment to labor market.

Digest Author: Board of Review (original digest here)
Digest Updated: 7/99