Logan v. Manpower of Lansing, Inc.

847 N.W.2d 679, 304 Mich. App. 550
CourtMichigan Court of Appeals
DecidedMarch 13, 2014
DocketDocket No. 311167
StatusPublished
Cited by18 cases

This text of 847 N.W.2d 679 (Logan v. Manpower of Lansing, Inc.) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Logan v. Manpower of Lansing, Inc., 847 N.W.2d 679, 304 Mich. App. 550 (Mich. Ct. App. 2014).

Opinion

PER CURIAM.

Claimant, Janice Logan, appeals by leave granted an order of the circuit court, disqualifying her from receiving unemployment benefits. Because claimant voluntarily left work in October 2008 without good cause attributable to her employer at the time, she was disqualified from receiving unemployment benefits under MCL 421.29(l)(a), and we affirm.

I. BACKGROUND

Manpower of Lansing, Inc., is a temporary-staffing agency that provides workers to its clients. Claimant began working for Manpower in April 2008 and was assigned to work part-time as a receptionist at Pennfield Animal Hospital where she also provided general office support. At the beginning of August 2008, claimant went on medical leave. Up until that point, Manpower had paid claimant’s salary. When claimant was ready to return to work in October 2008, she began working for Pennfield as a direct hire. Upon returning to work, claimant had a medical restriction in place, which limited her to working no more than four hours per day for no more than three days per week. After January 3, 2009, those medical restrictions were removed. But claimant never worked anything close to full-time employment, working only 15.5, 5.0, and 8.0 hours, respectively, during her last three two-week pay periods at Pennfield. Claimant was laid off at the end of January 2009.

Claimant applied for unemployment benefits. The Unemployment Insurance Agency initially granted ben[553]*553efits to claimant, finding that she was not disqualified under § 29(l)(a) of the Michigan Employment Security Act (MESA), MCL 421.1 et seq. Manpower protested the agency’s determination, and after holding a hearing, an administrative law judge (ALJ) ruled that claimant was disqualified for benefits under MCL 421.29(l)(a) because she “did not leave Manpower in order to accept permanent full-time work with Pennfield”; instead, “she abandoned her job with Manpower and took a part-time job with the client company.”

Claimant appealed the ALJ’s decision to the Michigan Employment Security Board of Review. The board initially found that the ALJ properly applied the law and affirmed the decision. Claimant then requested a rehearing because she asserted that she did not leave Manpower to accept part-time work with Pennfield; instead, she claimed that she left Manpower to accept full-time work. She further asserted that she “in fact work[ed] fulltime for a period after she went back to work at the animal hospital.” Claimant acknowledged that the record was not developed on this matter and requested a rehearing to fully develop the record. Alternatively, claimant posited that even if she had left Manpower to accept part-time work with Pennfield, such circumstances would be covered by the intent of § 29(5) of the MESA. The board granted the request for rehearing and remanded the case to the ALJ in order to determine whether Pennfield offered claimant “full-time, permanent employment,” which would have implicated the exception in MCL 421.29(5) to the rule in MCL 421.29(1) that disqualifies a person from receiving benefits for voluntarily leaving work.

On remand, the ALJ heard testimony from Mark Atma, the owner of Pennfield. Atma testified that claimant worked for him for approximately three [554]*554months, from the end of October 2008 through the end of January 2009. Atma testified that “[claimant] was working part-time” for him during this period. Atma further noted that on claimant’s “new employee information sheet,” claimant had selected the box indicating that she would be working “part-time.” Atma also noted that in January 2009, after claimant’s medical restrictions were removed, claimant never worked full-time. The ALJ found that claimant quit her job with Manpower in order to accept permanent, part-time employment with Pennfield and, as such, the provisions of MCL 421.29(5) did not apply. Therefore, the ALJ concluded that claimant was disqualified from receiving unemployment benefits under MCL 421.29(l)(a).

The Michigan Compensation Appellate Commission1 affirmed the ALJ’s decision, and claimant appealed in the Calhoun Circuit Court. Claimant reiterated her previous arguments but also argued that Manpower and Pennfield should be considered “joint employers” since she performed the same work before and after her direct hire with Pennfield and, thus, could not have “left” her prior employment. The circuit court was not persuaded and affirmed claimant’s status as being disqualified from receiving unemployment benefits.

II. STANDARD OF REVIEW

When reviewing a circuit court’s review of an agency’s decision, we must determine whether the circuit court applied correct legal principles and whether it misapprehended or grossly misapplied the substantial-evidence test to the agency’s factual findings. Becker-Witt v Bd of Examiners of Social Workers, 256 Mich App [555]*555359, 361-362; 663 NW2d 514 (2003). “This latter standard is indistinguishable from the clearly erroneous standard of review that has been widely adopted in Michigan jurisprudence. As defined in numerous other contexts, a finding is clearly erroneous when, on review of the whole record, this Court is left with the definite and firm conviction that a mistake has been made.” Boyd v Civil Serv Comm, 220 Mich App 226, 234-235; 559 NW2d 342 (1996).

However, we review questions of statutory interpretation de novo. Adams v West Ottawa Pub Sch, 277 Mich App 461, 465; 746 NW2d 113 (2008). The primary goal when interpreting a statute is to ascertain and give effect to the Legislature’s intent. Mich Ed Ass’n v Secretary of State (On Rehearing), 489 Mich 194, 217-218; 801 NW2d 35 (2011). “The words contained in a statute provide us with the most reliable evidence of the Legislature’s intent.” Green v Ziegelman, 282 Mich App 292, 301; 767 NW2d 660 (2009). In interpreting a statute, this Court considers “both the plain meaning of the critical words or phrases, as well as their placement and purpose in the statutory scheme.” Id. at 302.

III. ANALYSIS

On appeal, claimant argues that she should not be disqualified from receiving unemployment benefits because, under MCL 421.29(l)(a), she did not “le[ave] work voluntarily” when she left Manpower to start working for Pennfield.

MCL 421.29 provides, in pertinent part, the following:

(1) Except as provided in subsection (5), an individual is disqualified from receiving benefits if he or she:
(a) Left work voluntarily without good cause attributable to the employer or employing unit. An individual who [556]*556left work is presumed to have left work voluntarily without good cause attributable to the employer or employing unit.... An individual claiming benefits under this act has the burden of proof to establish that he or she left work involuntarily or for good cause that was attributable to the employer or employing unit....
(5) If an individual leaves work to accept permanent full-time work with another employer ..., all of the following apply:
(a) Subsection (1) does not apply.

At issue is the effect of claimant stopping to work for Manpower and starting to work for Pennfield in October 2008.2

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Estate of Madison C Cooke v. Ford Motor Co
Michigan Court of Appeals, 2020
Sherrie Daniel v. Ann Arbor Transit Authority
Michigan Court of Appeals, 2019
Ken Kruse v. Pamela Albring
Michigan Court of Appeals, 2019
Law Offices of Jeffrey Sherbow, PC v. Fieger & Fieger, PC
930 N.W.2d 416 (Michigan Court of Appeals, 2019)
James a Smail v. Mercedes-Benz USA LLC
Michigan Court of Appeals, 2018
Jim Haynes v. Collabera Inc
Michigan Court of Appeals, 2018
Ramos v. Intercare Cmty. Health Network
916 N.W.2d 287 (Michigan Court of Appeals, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
847 N.W.2d 679, 304 Mich. App. 550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/logan-v-manpower-of-lansing-inc-michctapp-2014.