STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION

WINSTON D HALL, Employee

CORNWELL PERSONNEL ASSOC INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 94606005


Pursuant to the timely petition for review filed in the above-captioned matter, the commission has considered the petition and all relief requested. The commission has reviewed the applicable records and evidence and finds that the appeal tribunal's findings of fact and conclusions of law are supported thereby. The commission therefore adopts the findings and conclusions of the appeal tribunal as its own.

DECISION

The decision of the appeal tribunal is affirmed. Accordingly, the employe is eligible for benefits as of week 22 of 1994, if otherwise qualified.

Dated and mailed December 16, 1994
132 : CD8390  VL 1007.01

/s/ Pamela I.Anderson, Chairman

/s/ Richard T. Kreul, Commissioner

/s/ James R. Meier, Commissioner

MEMORANDUM OPINION

The employer has petitioned for commission review of the adverse appeal tribunal decision which found that the employe was discharged from his employment and not for misconduct connected with his work. The employer maintains that the employe's failure to report to work as instructed constituted a quit. The employer maintains that the department has always held that when an employe fails to report to work as directed that his failure to report to work constitutes a voluntary termination. The commission disagrees. Rather, it is the circumstances of each case which are examined to determine whether the employe has shown an intent to leave the employment. Not every job refusal and not every failure to contact the employer on a date specified constitutes a voluntary termination of the employment relationship. Here, the employe made repeated contacts to the employer during the seven day suspension period. This conduct is inconsistent with a finding that the employe intended to sever the employment relationship. The employer's cite to department UCD No. 93-28 is not relevant to whether the employe in this case voluntarily terminated his employment. That department directive involves instances where an employment relationship between an employe and a temporary help agency will be deemed to have continued if, at the time of layoff the employer indicates that an assignment will be available to begin by "a date certain" but within seven days of the end of the most recent assignment. The issue in this case is not whether the employer gave the employe a "date certain" within seven days of the most recent assignment, as to when a new assignment would begin, but whether the employe intended to quit his employment.

For the above reasons, and reasons set forth in the appeal tribunal decision, the commission affirms that decision.


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