Logan v. Manpower of Lansing, INC.
Cite as: Logan v. Manpower of Lansing, INC., 874 N.W.2d 679 (Mich.App. 2014) (Docket No. 311167)
Appeal Pending: No
Claimant: Janice Logan
Employer: Manpower of Lansing, INC.
Docket no.: 311167
Date of decision: March 13, 2014
Holding: The Court of Appeals held that claimant voluntarily left work without good cause attributable to the employer when she quit her employment at a temporary staffing agency to take part-time employment after being on medical leave.
Facts: Claimant began working for a temporary staffing agency, Manpower of Lansing, Inc. (“Manpower”) in April 2008. She was assigned to work part-time at Pennfield Animal Hospital (“Pennfield”). Claimant went on medical leave in August 2008. When claimant was ready to return to work in October 2008, she began working for Pennfield as a direct hire. The ALJ ruled that claimant was disqualified for benefits under MCL 421.29(1)(a) because “she abandoned her job with Manpower and took a part-time job with the client company.”
On appeal claimant asserted that she left Manpower to accept full-time work, which would implicate the exception in MCL 421.29(5) to the rule in MCL 421.29(1), which disqualifies a person from receiving benefits for voluntarily leaving work. On remand, the ALJ found that claimant quit her job with Manpower in order to accept permanent, part-time employment with Pennfield. The Calhoun Circuit Court affirmed.
Decision: The Court of Appeals affirmed the decision on the Circuit Court.
Rationale: The Court of Appeals found that “the statute [MCL 421.29(1)(a)] does not refer to work that is unconnected to the employer; instead, the work is linked to a particular employer unit or employing unit, and when the relationship with that particular employer or employing unit ends, the work at issues necessarily also ends.”
Additionally, the court declined “claimant’s invitation to view a temporary-staffing firm and its client as a ‘joint employer’ or a single ‘employing unit,’” because claimant could not show “how Manpower was an agent (or employee) of Pennfield or vice versa.”
Digest author: James C. Robinson
Digest updated: 2/15