STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)
FLOYD E HUNTER, Employee
FOX HILLS RESORT
& COUNTRY CLUB, Employer
UNEMPLOYMENT INSURANCE DECISION
Hearing No. 03401731MN
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 January 2, 2004
huntefl . usd : 105 : 3 VL 1080.12
/s/ David B. Falstad, Chairman
/s/ James T. Flynn, Commissioner
Robert Glaser, Commissioner
MEMORANDUM OPINION
The commission has affirmed the appeal tribunal decision in this case, because it
agrees with the administrative law judge that the employee had good cause under
Wis. Stat. § 108.04 (7)(b) to quit his employment. The employer argues in the
petition for review that the employer's practices were legal. The employer did not
establish at hearing by competent evidence, however, that the practices complained
of by the employee in fact were legal. By contrast, the employee produced competent
evidence to the effect that he and other salespersons of the employer had been
instructed by the employer to make false and misleading statements to potential
customers with regard to the timing of the customers' potential purchases from the
employer. Wisconsin Stat. § 100.18 (1) prohibits such salespersons from
making any statement or representation "which is untrue, deceptive or misleading."
Wisconsin Stat. § 108.04 (7)(b) expressly defines good cause for a quit to
include "a request, suggestion or directive by the employing unit that the employee
violate federal or Wisconsin law." Thus, even a suggestion by an employer that an
employee violate the law of itself gives an employee good cause to quit his or her
employment. The employee's evidence was competent, and established that he had
been directed to make statements to prospective customers which were in violation
of Wis. Stat. § 100.18, and the employer had no competent evidence to the
contrary.
For these reasons, the commission has affirmed the appeal tribunal decision.
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