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

SCOTT A FREDERICKSON, Employee

ROUTE 41 PIZZA LLC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 02401103AP


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 6 of 2002, if otherwise qualified.

Dated and mailed July 31, 2002
freersc . usd : 178 : 8   MC 665.01  MC 665.08 

/s/ David B. Falstad, Chairman

James A. Rutkowski, Commissioner

/s/ Laurie R. McCallum, Commissioner


MEMORANDUM OPINION

In its petition for commission review, the employer does not dispute the ALJ's findings that the employee's discharge was not for misconduct. However, it argues that the employee should not be entitled to benefits after his license was suspended in March because he could no longer drive for them at that time.

The employee was discharged from his employment in February. The employer ended the employment relationship with the employee when he still was licensed, but had a pending charge which might later affect his ability to drive. It did not intend to return him to duty in the future. In determining whether the employment separation disqualifies a claimant, the commission is only concerned with those circumstances which caused the discharge. So long as the employee's lack of a driver's license does not make him presently unable to perform at least 50 percent of the suitable jobs in his labor market, then the license issue does not affect his eligibility for benefits.


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uploaded 2002/08/09