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

EUGENE M KEELER, Employee

B & T MAIL SERVICE INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 02002630MD


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 8 of 2002, 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 discharge not occurred.

Dated and mailed October 31, 2002
keeleeu . usd : 105 : 3  VL 1005.01  VL 1080.12

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner

Laurie R. McCallum, Commissioner


MEMORANDUM OPINION

The employee continues to assert that his quit was with good cause attributable to the employer, based upon safety violations by the employer (including directives that the employee violate the law). It remains the case, though, that the quit must have been due to the conditions alleged. In the present case, while the employee alleged that the employer had instructed him to engage in conduct in violation of law, yet the employee did not quit the employment for that reason. The record indicates instead that the sole reason for the employee's quit was that he had found what he believed to be more suitable work in Arkansas. Since this was the sole reason for the employee's quit, he may not rely upon Wis. Stat. § 108.04(7)(b), the "quit/good cause attributable to the employer" provision. Nor does Wis. Stat. § 108.04(7)(s), the quit / domestic abuse provision, apply to the employee's circumstances.

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


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


uploaded 2002/11/08