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

ROBERT L JOHNSTON, Employee

SKIL TECH INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 02402162AP


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 ineligible for benefits beginning in week 15 of 2002, and until four weeks have elapsed since the end of the week in which the failure occurred and the employee has earned wages in covered employment performed after the week of the failure equaling at least four times the employee's weekly benefit rate which would have been paid had the failure not occurred. The employee is required to repay the sum of $312.00 to the Unemployment Reserve Fund.

Dated and mailed October 9, 2002
johnsro . usd : 105 : 8  AA 110

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

Laurie R. McCallum, Commissioner

MEMORANDUM OPINION

The employee appeals, arguing that matters discussed at hearing need clarification. He questions how he can be denied unemployment insurance for an offer of work which did not include a definite date of return to work. The employee asks for further hearing, but the commission believes the evidence in the hearing record is sufficient to resolve the case. While it may be that the employee did not directly receive a specific return-to-work date when he spoke with his girlfriend, yet there is little question but that the employer gave a specific date of return when it left a message on the employee's answering machine, a message retrieved by the employee's girlfriend. This is what is called "due notice" of an offer of work, and it is sufficient in this context for unemployment insurance purposes. When an employee is on layoff, and has left telephone numbers for contact from the employer, then the employer satisfies the due notice of work requirement when it contacts the numbers the employee has given it and leaves sufficient information for the employee to know he or she is being recalled to work.

For these reasons, and for those stated in the appeal tribunal decision, the commission has affirmed that decision.

 


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uploaded 2002/10/18