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

CAROL E GARCIA, Employee

IMPACT ALCOHOL & OTHER DRUG ABUSE SERVICES INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 03609591MW


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 10 months as a fee for service drug and alcohol assessment specialist for an assessment and referral agency. Her last day of work was on September 15, 2003 (week 38).

The employee's clients were substantially reduced in August and September due to a decline in work load. She was averaging one third fewer clients during this time. Since the employee was paid a set rate per client, her wages went down. The employer was sensitive to the fact that the employee's appointments were widely scattered throughout the week. It requested the schedulers to attempt to cluster her appointments when they could. The employee was frustrated with her reduced wages and spread out client schedule and she requested that she only be scheduled on two days a week until business picked up. The employer insisted she put her request in writing. The employee resigned because of the decreased caseload and a corresponding drop in income, as well as the perceived criticism of her work in the employer's letter.

The employee maintained that the unreliable hours made it hard to plan her week and caused financial problems. The employee was paid $30 per client when she saw them. Additional hours were spent on case management and were not additionally compensated. They were built into the per client rate. The employer acknowledged that it was experiencing an indefinite reduction in clients and offered the employee no assurance about when her caseload would pick up.

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 employee had good cause to quit due to the reduction in wages caused by the reduction in clients. While the employer had valid business reasons for reducing her caseload due to the decrease in clients, the employee was justified in quitting when her wages were significantly reduced.

The commission finds that the reduction in the employee's clients, with the resulting loss of income, to last indefinitely, provided the employee with good cause attributable to the employer for quitting. The commission considers the reduction to be too severe in its amount and duration. The employee's quitting was a reasonable reaction to such a drastic reduction in her wages.

The commission therefore finds that in week 38 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 38 of 2003, if she is otherwise qualified.

Dated and mailed February 27, 2004
garcica . urr : 178 : 1  VL 1059.20

/s/ David B. Falstad, Chairman

/s/ James T. Flynn, Commissioner

/s/ Robert Glaser, Commissioner

MEMORANDUM OPINION

The commission's decision is not based on any different impression of witness credibility. The commission reaches a different conclusion when applying the law to the same facts.

cc: Impact Alcohol & Other Drug Abuse Services, Inc. (Milwaukee, Wisconsin)


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uploaded 2004/03/02