BOARD OF REVIEW HOLDING: Where the claimant has no contractual entitlement to notice, any money paid by the employer upon termination is in the nature of a gift and therefore severance pay, which cannot be considered remuneration for purposes of Section 48.
Miko v Wyandotte Cement, Inc Digest no. 4.11 Section 48 Cite as: Miko v Wyandotte Cement, Inc, unpublished opinion of the Wayne Circuit Court, issued February 8, 1983 (Docket No. 82-233794-AE). Appeal pending: No Claimant: David Miko Employer: Wyandotte Cement, Inc. Docket no.: B81 07873 78457 Date of decision: February 8, 1983 View/download the full decision CIRCUIT COURT HOLDING:… Read More »
CIRCUIT COURT HOLDING: Where “the employer complies substantially with the requirements contained in Commission Administrative Rule 302, the purpose of the notice is accomplished.”
MESC v Peterson Digest no. 4.16 Section 48 Cite as: MESC v Peterson, unpublished opinion of the Court of Appeals of Michigan, issued September 29, 1982 (Docket No. B78 53074 65751). Appeal pending: No Claimant: Doris C. Peterson Employer: Eastern Michigan University Docket no.: B78 53074 65751 Date of decision: September 29, 1982 View/download the full decision COURT… Read More »
CIRCUIT COURT HOLDING: Where a contract requires payment of vacation pay in March of each year, and allows designation of a vacation shutdown period, the March payment is not remuneration.
General Foods Corp v Nelson Digest no. 4.12 Sections 27(c), 48 Cite as: General Foods Corp v Nelson, unpublished opinion of the Calhoun County Circuit Court, issued June 18, 1980 (Docket No. B78 716 60234). Appeal pending: No Claimant: Nella L. Nelson Employer: General Foods Corporation Docket no.: B78 716 60234 Date of decision: June 18,… Read More »
Turner v Creative Industries of Detroit, Inc Digest no. 4.09 Section 48 Cite as: Turner v Creative Industries of Detroit, Inc, unpublished opinion of the Court of Appeals of Michigan, issued April 30, 1980 (No. 44061). Appeal pending: No Claimant: Jimmy Turner, et al. Employer: Creative Industries of Detroit, Inc. Docket no.: B76 3548 (1) 53458, et al.… Read More »
Walters v Kelsey Hayes Wheel Co Digest no. 4.08 Section 48 Cite as: Walters v Kelsey Hayes Wheel Co, unpublished opinion of the Wayne Circuit Court, issued January 31, 1980 (Docket No. 74 005517 AE). Appeal pending: No Claimant: Johnnie Walters Employer: Kelsey Hayes Wheel Co. Docket no.: B73 1040 43943 Date of decision: January 31, 1980 View/download… Read More »
COURT OF APPEALS HOLDING: (1) Where contractual specification of vacation procedures includes designation of vacation periods but does not treat the allocation of vacation pay, the employer may allocate such pay as it chooses. (2) Arbitration has no role in the determination of eligibility for benefits.
CIRCUIT COURT HOLDING: Where an employer customarily asks its employees to leave on their dates of termination, and pays them “severance pay” determined by each person’s salary and seniority, the additional money is not payment in lieu of notice.