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

KATHLEEN M NEWMAN, Employee

VERIZON SERVICES ORGANIZATION INC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 04000131MD


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 ineligible for benefits for weeks 47 through 51 of 2003, and until she has earned wages in covered employment performed after the week of quitting equaling at least four times the $329.00 weekly benefit rate which would have been payable had the quitting not occurred. She must repay $329.00 to the department.

Dated and mailed July 8, 2004
newmaka . usd : 132 : 1   VL 1007.01

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner

MEMORANDUM OPINION

The employee has petitioned for commission review of the appeal tribunal decision that found she voluntarily terminated her employment but not for any reason permitting immediate benefit payment. The commission has considered all the points raised in the employee's petition and, while it is not always clear how the employee believes those points assist her case, concludes that the ALJ's decision is the correct one. The employee was offered certain monetary payments and benefits to retire. It remained the employee's decision to continue working for the employer or to end her employment and accept the payments and benefits package. The employee did not establish that the employer was acting unreasonably in offering her such a package. Uncertainty regarding one's future employment because of an employer's financial situation is something that may be faced by many workers. The fact that an employee makes a reasonable decision to accept the employer's offer of monetary payments and other benefits in exchange for retiring does not mean the employer has acted unreasonably in making the offer.

It is the employee's burden to establish that she quit her employment "in lieu of" the termination of another worker's employment pursuant to Wis. Stat. § 108.04(7)(am). To meet such burden the employee must "identify another individual, or group of individuals, who were able to keep working as a direct result of the claimant's voluntary action." Berry v. LIRC, 213 Wis.2d 397, 570 N.W.2d 610 (Ct. App. 1997). The mere fact that the employee quit under a reduction-in-force program does not satisfy Wis. Stat. § 108.04(7)(am). Dreifuerst v. Verizon North Inc., UI Dec. Hearing No. 04400060FL (LIRC June 18, 2004).

For the above reasons, and for the reasons set forth in the appeal tribunal decision, the commission affirms that decision.

cc: Verizon (Coppell, Texas)


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uploaded 2004/07/12