Dejarnette v HR Staffing Team, LLC– 10.124

Dejarnette v HR Staffing Team, LLC
Digest No. 10.124

Section 421.29

Cite as: Dejarnette v HR Staffing Team, LLC, unpublished opinion of the Michigan Compensation Appellate Commission, issued August 26, 2013 (Docket No.: B2013-07161:238484).

Appeal pending: No
Claimant: Pamela Dejarnette
Employer: HR Staffing Team, LLC
Date of decision: August 26, 2013

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HOLDING: Claimant is not disqualified for benefits under the voluntary leaving provision of  MCL 29(1)(a).

FACTS: Claimant worked for a staffing agency. Claimant was experiencing difficulties and notified her employer that she would no longer report to her last assignment. Claimant requested another assignment but the employer told Claimant no other assignments were currently available. After learning no other assignments were available, Claimant filed for benefits.

DECISION: The matter is referred to the Agency for determination under MCL 48(1) because Claimant left an assignment and that work remained available to her. Claimant may therefore be subject to offset under the lost remuneration provision of MCL 48(1).

RATIONALE: The Michigan Compensation Appellate Commission stated that the employer must first establish that a claimant voluntarily left employment before a matter can be addressed under MCL 29(1)(a). See Ackerberg v Grant Community Hospital, 138 Mich App 295 (1984). The court reasoned that Claimant had not voluntarily left her employment. Instead, Claimant left an assignment. Therefore, the court found MCL 29(1)(a) to be inapplicable in this case.

Digest author: Rita Samaan, Michigan Law, Class of 2017
Digest updated: October 25, 2017