Cooper v Mount Clemens Schools
Digest no. 10.89
Cite as: Cooper v Mount Clemens Schools, unpublished opinion of the Barry Circuit Court, issued December 29, 1998 (Docket No. 98-194-AE).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
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