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

JUDITH A RABE, Employee

MAIN ST STATION, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 01005679MD


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, except as herewith modified:

Delete the fifth paragraph under the ALJ's Findings of Fact and Conclusions of Law and insert the following:

The most serious of the employee's complaints was that the owner's husband directed her to sell parley cards. However, the employee did not otherwise object to involvement in illegal gambling activities such as selling pull-tab gambling cards. The reason the employee quit her employment was her dissatisfaction with the other working conditions, particularly that she found the bar in a messy state when she reported to work on her last day. The owner's husband's suggestion that she sell parley cards was not a reason the employee quit her employment.

DECISION

The decision of the administrative law judge is modified to conform to the foregoing and, as modified, is affirmed. Accordingly, the employee is ineligible for benefits beginning in week 39 of 2001, and until four weeks have elapsed since the end of the week of quitting and the employee has earned wages in covered employment performed after the week of quitting equaling at least four times the employee's weekly benefit rate which would have been paid had the quitting not occurred.


Dated and mailed March 8, 2002
rabeju . usd : 132 : 8   VL 1005.01 VL 1080.12 

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

/s/ Laurie R. McCallum, Commissioner

MEMORANDUM OPINION

The employee has petitioned for commission review of the adverse appeal tribunal decision that found she voluntarily terminated her employment but not with good cause attributable to the employer or for any other reason that permits the immediate payment of unemployment insurance benefits. It was clear from the employee's testimony that the main reason she quit her employment was over the fact that the employer continually left messes for her to clean. Cleaning was a part of the employee's job duties. The commission notes that it did consult with the ALJ regarding credibility. The ALJ expressed doubts that the employer's suggestion that she hand out parley cards was a reason the employee quit her employment. The commission has modified the appeal tribunal decision to reflect its conclusion that such suggestion was not a reason that the employee quit her employment. While the employee made a valid personal decision to quit her employment, the commission agrees with the ALJ that the employee failed to establish that her quitting was with good cause attributable to the employer.


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uploaded 2002/03/11