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

ALISA M PATTERSON, Employee

REGENCY JANITORIAL SERVICE INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 01607619MW


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, if otherwise qualified.

Dated and mailed January 17, 2002
patteal : 135 : 8  SW 800

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

MEMORANDUM OPINION

The employer requests that he be contacted with a date and time for the appeal hearing. While the commission does have the discretion to order the taking of additional evidence in matters before it, that authority is exercised only in a few exceptional circumstances. Here, there was adequate notice of the fact that the hearing would be the parties' only opportunity to present evidence. There is no credible and convincing evidence that this opportunity was improperly limited at the hearing, or that a party has discovered material noncumulative evidence since the hearing which they could not have known of before the hearing. Finally, the employer has not advanced any other compelling reason to grant a new hearing. There fore, further hearing will not be granted.

The issue here was whether the employee had good cause for refusing an offer of work within the meaning of Wis. Stat. § 108.04(8)(a). In deciding what constitutes good cause to refuse an offer of work within the meaning of the law, the commission considers the soundness and reasonableness of the refusal to accept the offer. In this case, the employee refused the job offer because she had been fired by the same employer approximately three weeks prior to the offer. Under the circumstances, the commission finds the explanation reasonable and that the employee's refusal was with good cause within the meaning of the law. Accordingly, the appeal tribunal decision is affirmed.

 


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uploaded 2002/01/25