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

JANEL M ZOERN, Employee

KRIST OIL CO INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 03001555WU


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 makes the following:

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The employee worked for about nine months as a cashier for the employer, a gas station and convenience store. Her last day of work was January 17, 2003 (week 3), when she quit her employment.

The employee originally worked 35 to 40 hours per week. Her hours were reduced to 30 per week due to performance issues. The employee's performance still failed to meet the employer's expectations. On January 17, 2003, the employer notified the employee that it was going to reduce her hours to 12 per week for a 60-day probationary period, after which her performance would again be evaluated. The employee indicated that she could not live on 12 hours per week and quit her employment effective that date.

The issue to be decided is whether the employee's quitting was for any reason that would permit the immediate payment of unemployment benefits.

The commission finds that the reduction in the employee's hours, with the resulting loss of income, to last at least 60 days, provided the employee with good cause attributable to the employer for quitting. The employee clearly was not meeting the employer's expectations. However, the commission considers the reduction to be too severe in its number and length. The employee's quitting was a reasonable reaction to such a drastic reduction in her wages.

The commission therefore finds that in week 3 of 2003, the employee voluntarily terminated her employment with good cause attributable to the employer within the meaning of Wis. Stat. § 108.04(7)(b).

DECISION

The decision of the administrative law judge is reversed. Accordingly, the employee is eligible for benefits beginning in week 3 of 2003, if she is otherwise qualified.

Dated and mailed October 7, 2003
zoernja . urr : 132 : 1 : VL 1059.204 

/s/ David B. Falstad, Chairman

/s/ James T. Flynn, Commissioner

/s/ Robert Glaser, Commissioner

MEMORANDUM OPINION

The commission did consult with the ALJ who presided at the hearing regarding his impressions of witness credibility and demeanor. The ALJ indicated that he had no reason to discredit testimony from the employee or the employer. The commission's reversal is not based on a differing impression of witness credibility or demeanor than that reached by the ALJ.


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uploaded 2003/10/27