Munley v Child Care Plus, Inc
Digest no. 10.75
Cite as: Munley v Child Care Plus, Inc, unpublished per curiam opinion of the Court of Appeals, issued March 30, 1994 (Docket No. 150603).
Appeal pending: No
Claimant: Mary Anne Munley
Employer: Child Care Plus, Inc.
Docket no.: B89-07785-112696
Date of decision: March 30, 1994
COURT OF APPEALS HOLDING: If the underlying reason for a resignation is fully resolved by the employer before the effective date of resignation, there is no good cause for leaving.
FACTS: On February 9, 1989 the employer’s manager advised the claimant that effective Monday, February 13, 1989 her work hours would be reduced to 4.5 hours a day — a reduction in excess of 40%. At that time, the claimant verbally advised the employer she would have to resign her employment to pursue full-time work. Her manager responded “okay.” On Friday, February 10, 1989 the claimant submitted a written notice of resignation with an effective date of February 24, 1989. On Wednesday, February 15, 1989 the employer reconsidered and decided the claimant could continue as a full-time teacher through June 9, 1989. When notified, the claimant indicated it was still her intention to leave, and she did so on February 24, 1989.
DECISION: The claimant is disqualified under Section 29(1)(a).
RATIONALE: The question to be resolved was whether the claimant’s leaving was with good cause attributable to the employer. The Court of Appeals found it was not. The Court of Appeals found the employer’s actions would not have caused an otherwise qualified worker to give up her employment until June 9, 1989. While not expressly stated in the decision, it appears the court concluded that if the reason for a resignation is fully addressed before the effective date of resignation there is no good cause for leaving. In the underlying Board of Review decision, the Board found the good cause had been “extinguished” by the employer’s change of position.
Digest Author: Board of Review (original digest here)
Digest Updated: 7/99