STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)


RENEE M EMERSON, Employee

P C A NATIONAL INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 00201437EC


On November 7, 2000 the Labor and Industry Review Commission (commission) issued a decision affirming the appeal tribunal decision in this matter. The commission held that as of week 21 of 2000, the employee was ineligible for benefits within the meaning of Wis. Stat. § 108.04(7)(a). Both the commission decision and the appeal tribunal decision found that the employee had not requalified as of week 29 of 2000, since the wages she earned in her subsequent employment were not earned from a covered employer. Subsequently, the commission learned that the employee's subsequent employer was a covered employer effective June 1, 2000 (week 23).

Pursuant to authority granted under Wis. Stat. § 108.09(6)(b), the commission sets aside its decision of November 7, 2000 and issues the following:

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The employee worked approximately one year as a photographer for the employer, a portrait studio. The employee's last day of work was May 20, 2000 (week 21) when she voluntarily terminated her employment. The issue to be decided is whether the employee's quitting was for any reason that would permit the immediate payment of unemployment benefits.

While working for the employer, the employee sought other work. Based on an assumption that she could obtain a higher paying job, the employee voluntarily terminated her employment. On June 19, 2000 (week 26), the employee began working as a sales representative for a business consulting company, Horizon Consulting, Inc. The employee earned a higher average weekly wage at the consulting business than she had been earning while employed at the portrait studio. The employee's last day of work for the consulting business was July 10, 2000 (week 29). During the time that she worked for the consulting business the employee earned $1,360.00 in wages.

The statutes provide that if an employee terminates his or her employment with an employing unit, the employee's benefit eligibility shall be suspended until four weeks have elapsed since the week of quitting, and the employee has earned wages in covered employment equaling at least four times the weekly benefit rate unless the termination was with good cause attributable to the employer or was within some other statutory exception. The relevant statutory exception here can be found at Wis. Stat. § 108.04(7)(L).

Wis. Stat. § 108.04(7)(L) permits benefits for quitting to a worker who terminates employment to accept other employment, covered by the unemployment insurance statutes, and has earned four times the employee's weekly benefit rate if the work:

1. Offered average weekly wages at least equal to the average weekly wages that the employee earned in the terminated work;

2. Offered the same or greater number of hours of work than those performed in the work terminated;

3. Offered the opportunity for significantly longer term work; or

4. Offered the opportunity to accept a position for which the duties were primarily discharged at a location significantly closer to the employee's domicile than the location of the terminated work.

In this case, the employee voluntarily terminated her work with the employer in order to accept work which offered a higher average weekly wage and effective June 1, 2000 (week 23), the employee's subsequent employer became covered under the Unemployment Insurance laws of the State of Wisconsin. The employee earned four times her weekly benefit rate from her subsequent employer before she initiated a claim for unemployment benefits in week 29 of 2000. Therefore, based on the wages earned from her subsequent employment, the employee requalified for unemployment benefits in week 29 of 2000, pursuant to Wis. Stat. § 108.04(7)(L).

DECISION

The appeal tribunal decision is reversed. Accordingly, the employee voluntarily terminated work with the employer in order to accept other employment covered under Wisconsin Unemployment Insurance law, which offered an average weekly wage at least equal to that earned in work for the employer, within the meaning of Wis. Stat. § 108.04(7)(L), and that as of week 29 of 2000 the employee has earned wages in that subsequent employment equal to at least four times the employee's weekly benefit rate. The employee is therefore eligible for benefits, if otherwise qualified.

Dated and mailed November 22, 2000
emersre2.usd : 135 : 1 VL 1054.12

/s/ David B. Falstad, Chairman

/s/ Pamela I. Anderson, Commissioner

/s/ James A. Rutkowski, Commissioner


cc: HORIZON CONSULTING INC


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