DIGEST OF ADJUDICATION PRECEDENTS VL
VL-12 (3/05)
ISSUE/DIGEST CODE Voluntary Leaving/VL 135.05
DOCKET/DATE Arroyo v. IDES, 695 N.E. 2d 1350 (1998)
AUTHORITY Sections 601 and 602 of the Act
TITLE DISCHARGE OR LEAVING
SUBTITLE Option to Remain Employed
CROSS REFERENCE MC 135.05, Discharge or Leaving; PR 195.05, Notice
On June 14, approximately eight months into her pregnancy, the claimant experienced complications and was admitted to the
hospital, where she gave birth to a still-born child. The claimant was released from the hospital on June 18, with orders to refrain
from work for six weeks. The employer learned of her circumstances, but, on July 23, when the claimant advised her employer she
could resume work, the employer would not take her back, contending she had Aterminated voluntarily@ because she hadn=t shown
up for work for more than a month. The Board of Review considered this a Voluntary Leaving.
HELD: Whether an employee voluntarily discontinues her employment is a question of intent and is to be determined from the
totality of the evidence presented. Here, there is no evidence to prove the claimant intended to leave her job. The employer
discharged her.
ISSUE/DIGEST CODE Voluntary Leaving/VL 135.05
DOCKET/DATE ABR-97-12111 / 5-18-97
AUTHORITY Sections 601 and 602 of the Act
TITLE DISCHARGE OR LEAVING
SUBTITLE Option to Remain Employed
CROSS REFERENCE MC 135.05, Discharge or Leaving
On July 23, the claimant tendered his resignation, to become effective July 28. The employer told him to leave immediately.
HELD: Generally, if a claimant gives at least two weeks= notice, and is told to separate from work before the expiration of the
notice period, without wages for what would have been the remaining weeks of his employment, the separation is a discharge.
However, where the claimant has given less than two weeks= notice, we are reluctant to hold that the claimant was discharged. In
those instances, the claimant=s voluntary leaving is merely accelerated.
This was a voluntary leaving.
ISSUE/DIGEST CODE Voluntary Leaving/VL 135.05
DOCKET/DATE ABR-97-1665 / 4-14-97
AUTHORITY Sections 601 and 602 of the Act
TITLE Discharge or Leaving
SUBTITLE Option to Remain Employed
CROSS REFERENCE MC 135.05, Discharge or Leaving
The claimant was absent for several days due to a physical condition and her employer called her at home, requesting that, if she
intended to return to work, she should bring in a doctor=s statement, showing she had been released to work. Instead, the claimant
said she was quitting, adding: AI will give you my two weeks notice.@ The employer told her not to return to work at all.
HELD: Generally, if a claimant gives two weeks= notice, and is told to separate from work before the expiration of the notice
period, the separation is a discharge. However, there are exceptions to that general rule, including where it appears the notice
period is merely a formality and there is no real intent to continue working. Here, the claimant=s conduct (her abrupt resignation
and intent not to obtain a doctor=s release which would have allowed her to work the next two weeks anyway) indicated the notice
period was simply a formality. This was a voluntary leaving.
