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

TAMMY M EILER, Employee

SHONEYS RESTAURANT, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 01402295AP


An administrative law judge (ALJ) for the Division of Unemployment Insurance of the Department of Workforce Development issued a decision in this matter. A timely petition for review was filed.

The commission has considered the petition and the positions of the parties, and it has reviewed the evidence submitted to the ALJ. Based on its review, the commission agrees with the decision of the ALJ, and it adopts the findings and conclusion in that decision as its own.

DECISION

The decision of the administrative law judge is affirmed. Accordingly, the employee is eligible for benefits beginning in week 26 of 2001, if otherwise qualified.

Dated and mailed October 26, 2001
eilerta . usd : 164 : 1   MC 626  VL 1007.01

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

In the petition for commission review the employer argues that the employee knew she was expected to be at work on Saturday, even after the employer took her keys away from her. The employer contends that the employee would not have had any need for keys on Saturday or Sunday and that she was aware of this. The employer's argument fails. A demand that an employee turn in her keys is tantamount to telling the employee she is fired, and if the employer intended only to relieve her of certain duties, as it contended at the hearing, it should have made this clear to the employee. The employer did not do so, and specifically rejected the employee's offer to discuss the matter further. Under the circumstances, the employee reasonably understood that her employment had been terminated. Because the credible evidence in the record indicates that the employee was discharged, and not for misconduct, the appeal tribunal decision is affirmed.

cc: Shoney's Restaurant (Oshkosh, Wisconsin)


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uploaded 2001/10/29