Cooper v Mount Clemens Schools – 10.89

Cooper v Mount Clemens Schools
Digest no. 10.89

Section 29(1)(a)

Cite as: Cooper v Mount Clemens Schools, unpublished opinion of the Barry Circuit Court, issued December 29, 1998 (Docket No. 98-194-AE).

Appeal pending: No
Claimant: Cyntheal Cooper
Employer: Mount Clemens Schools
Docket no.: B97-12037-146470
Date of decision: December 29, 1998

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CIRCUIT COURT HOLDING: A person who “resigns” after losing their job to a layoff has not voluntarily terminated their employment.

FACTS: On April 24, 1997 the claimant received a notice she would be laid off at the end of the contract year. On April 28, 1998 the claimant submitted a letter to the employer that indicated the claimant would not return to work for the employer in the next school year.

DECISION: The claimant is not disqualified for voluntary leaving.

RATIONALE: The Board of Review erred by finding the claimant left her position voluntarily. Claimant could not leave a job she already lost. “A person who `resigns’ after losing their job to a layoff has not voluntarily terminated their employment.”

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