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

TANYA L VOLDEN, Employee

LINEN CENTER, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 02007461LX


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, if otherwise qualified.

Dated and mailed May 28, 2003
voldeta . usd : 105 : 1   MC 627  VL 1007.20 

/s/ David B. Falstad, Chairman

/s/ James T. Flynn, Commissioner

/s/ Robert Glaser, Commissioner

MEMORANDUM OPINION

The employer's representative asserts that the employee quit for a personal reason, that the employer's account therefore should not be charged. The record establishes, however, that the employee in fact had not perfected a quit of employment. Specifically, while she told the employer she intended to quit her employment upon obtaining new employment, yet she never obtained new employment and never gave the employer a date certain for her anticipated quit. She thus did not voluntarily terminate her employment; rather, the employer forced the separation by unilaterally determining what the employee's last day of work would be. Since the employer initiated the separation from employment by doing so, the separation is properly characterized as a discharge and not as a quit. Finally, the commission easily agrees with the administrative law judge that the discharge was not for misconduct for unemployment insurance purposes.

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

cc: 
Linen Center/Naturalizer Shoes (La Crosse, Wisconsin)
Naturalizer (Brookfield, Wisconsin)


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