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

TERRY T JOHNSON, Employee

CORNWELL PERSONNEL ASSOCIATES LTD, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 02601143MW


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 as of week 2 of 2002, if otherwise qualified.

Dated and mailed June 27, 2002
johnste . usd : 145 : 8  VL 1005.01 VL 1059.201  VL 1025

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

/s/ Laurie R. McCallum, Commissioner


MEMORANDUM OPINION

In its petition for commission review the employer asserts that the employee did terminate his employment when he completed his last day of employment and was offered work, which he refused to accept. The ALJ specifically found the employee quit his employment with the employer by refusing the assignment. The ALJ also found that the employee had good cause for refusing the offer of work. The commission agrees. The employee had a long-term assignment that paid $10 per hour and was offered a job paying only $7 per hour. This is a significant decrease in wage and in addition, this new position was much further from the employee's home than his prior assignment. That position offered wages that were substantially less favorable to him than those prevailing for similar work in his labor market. This is exactly what was considered good cause attributable to the employer for quitting in the case cited by the employer in its brief, Cornwell Personnel Associates Ltd. v. LIRC, 175 Wis. 2d 537 (Ct. App. 1993).

The employer further asserts that the employee signed a "contract of hire" and agreed to take any work offered by the employer, in almost any location, as long as it paid at least minimum wage. However, the commission has already determined that this type of contract is "too vague to constitute knowing acceptance of any particular job assigned in the future". See Joeann Jackson v. Cornwell Personnel Associates LTD, UI Dec. Hearing No. 97607140MW (Feb. 20, 1998); Diane Koepke v. Cornwell Personnel Assoc. Ltd. V. LIRC, (LIRC November 20, 1998).


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


uploaded 2002/07/03