LINDA M KAEHN, Employee

RIVERSIDE CHIROPRACTIC CLINIC, Employer

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.

The decision of the administrative law judge is affirmed. Accordingly, the employee is ineligible for benefits beginning in week 52 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 May 9, 2002
kaehnli . usd : 132 : 1   VL 1039.09 

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

/s/ Laurie R. McCallum, Commissioner

The employee has petitioned for commission review of the adverse appeal tribunal decision that found she voluntarily terminated her employment but not for any reason permitting immediate benefit payment. The employee explains in her petition, as she did at the hearing, that she could not afford to live in Wisconsin and had better prospects and financial assistance in Texas. However, the employee must establish that her quitting fell within a statutory exception to the quit disqualification. The issue is whether the employee quit her part-time work because the loss of her full-time employment made it economically unfeasible to continue her part-time work, within the meaning of Wis. Stat. § 108.04(7)(k). Whether work is "economically unfeasible" is determined by applying Wis. Admin. Code § DWD 132.03(3)(b), which provides:

To determine whether the loss of the full-time work makes it economically unfeasible for the claimant to continue the part-time work, the department shall add the amount of the claimant's gross wages from the part-time work for the week preceding the week in which the claimant terminates the part-time work to the amount of unemployment benefits payable for that week and subtract from this sum the expenses incurred by the claimant in that week for the parttime work. If the remainder is less than the claimant's full weekly benefit rate for that week, the department shall consider it economically unfeasible for the claimant to continue the part-time work.

The commission notes that in applying the above formula only expenses actually related to the part-time position are considered. Thus, transportation expenses to the part-time job, such as gas, are considered in the formula. Expenses associated with living in general, such as rent, food, and clothing, are not.

The employee worked 51/2 to 6 hours per week at $10.30 per hour for gross wages of between $56.65 or $61.80. The employee's weekly benefit rate is $248.00. The employee was entitled to benefits in the amount of $230.00 or $226.00 based on such part-time employment. (1)  The employee's part-time wages when added to the amount of benefits payable total $286.65 or $287.80. The employee's weekly expenses associated with her work, when subtracted from her benefits and wages leaves a remainder of $281.65 or $273.80. Neither remainder is less than the employee's full weekly benefit rate. The employee did not establish that expenses associated with the part-time position made it economically unfeasible to continue in her part-time work.

[ Search UC Decisions ] - [ UC Digest - Main Index ] - [ UC Legal Resources ] - [ LIRC Home Page ]

(1)( Back ) Under Wis. Stat. § 108.05(3)(a), an employee's benefit entitlement for a week of partial unemployment is determined by disregarding the first $30 of wages earned and reducing the weekly benefit by 67% of the remaining amount. Pursuant to Wis. Stat. § 108.05(9), benefits due are rounded down to the next lowest dollar.

uploaded 2002/05/13