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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uploaded 2004/01/05