BEFORE THE
STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION


MONIKA STEIDL, Employee

CHEMOTECH PRINTING SUPPLIES, INC., Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 89-602903 MW


Pursuant to the timely petition for review filed in the above-captioned matter, the Commission has considered the petition and all relief requested. The Commission has reviewed the applicable records and evidence and finds that the Appeal Tribunal's findings of fact and conclusions of law are supported thereby. The Commission therefore adopts the findings and conclusions of the Appeal Tribunal as its own.

DECISION

The decision of the Appeal Tribunal is affirmed. Accordingly, benefits are allowed beginning in week 15 of 1989, if the employe is otherwise qualified.

Dated and mailed August 10, 1989
110 - CD1000 VL 1037

/s/ Kevin C. Potter, Chairman

Carl W. Thompson, Commissioner

/s/ Pamela I Anderson, Commissioner

MEMORANDUM OPINION

In its petition for Commission review, the employer objects that the employe's actual reason for quitting her job was not to take another job but was her dissatisfaction with certain aspects of the job she was quitting. The employer also objects that the job the employe quit to take paid less than the job she quit, offered fewer hours, and did not offer the opportunity for substantially longer term employment.

Although the employe may have been dissatisfied with certain aspects of her job, she did not quit her job until she had obtained the offer of employment for the job she took. When she obtained that offer, her quit was clearly tendered in order to allow her to take the other employment. Thus it was subject to section 108.04 (7)(L), Stats.

Whether it is true that the job the employe quit to take paid less than her old job, offered fewer hours per week, and offered less of an opportunity for long term work, is irrelevant. Section 108.04 (7)(L), Stats., states four characteristics of jobs which an employe may quit their present job to take, and it states them in the disjunctive. If any one of them applies, the section is applicable. Here, section 108.04 (7)(L)4, Stats., relating to an opportunity to accept a position the duties of which are primarily discharged at a location significantly closer to the employe's domicile than the location of the terminated work, applies. Therefore, it is not relevant to the application of the statute that the other three conditions would not apply.


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