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

THOMAS J LA BODA, Employee

MADA EMBRODARY & SCREEN PRINTING LLC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 04001522WR


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 about one and one-half years for the employer, a business that adds embroidery and screen print designs to clothing. He had previously worked for a number of years for a predecessor business. During most of that time, his primary job was as a graphic artist. He also performed trophy assembly and other duties as required. His last day of work was February 23, 2004 (week 9), when he voluntarily terminated his work.

The issue to be resolved is whether the employee's quitting was for any reason that would permit immediate benefit payment.

The statutes provide that if an employee terminates his or her employment with an employing unit, the employee's benefit eligibility shall be suspended until four weeks have elapsed since the week of quitting, and the employee has earned wages in covered employment equaling at least four times the weekly benefit rate, unless the termination was with good cause attributable to the employer or was within some other statutory exception.

In early February of 2004, the employee was told that his position was to change. He was to give up most of his graphic arts duties and work in production and shipping. He was to continue his trophy assembly work. His pay rate was to be reduced from $10 per hour to $9 per hour. During that time period, the employee had been working less than 40 hours per week because of a lack of business. He was to continue to work on approximately the same schedule, varying with the seasons and with business demand. On February 23, 2004 (week 9), the employee notified the employer that he was quitting his employment.

Good cause attributable to the employer can be determined if such quitting was a reasonable reaction to some act on the part of the employer. In other words, the "good cause" relates to the reaction of the employee, and not whether the employer had good cause for the action it did which precipitated the employee quitting. The commission finds that the employee had good cause attributable to the employer for quitting. The employee had worked as a graphic artist for 11 years. The employee received no warning from the employer that it was contemplating removing him from his position and decreasing his pay rate. The employee's quitting was a reasonable reaction to the employer's unilateral and unexpected actions.

The commission therefore finds that in week 9 of 2004, the employee voluntarily terminated his 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 9 of 2004, if he is otherwise qualified.

Dated and mailed October 14, 2004
labodth . urr : 132 : VL 1005.01

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner

 

NOTE: The commission did not consult with the ALJ who presided at the hearing regarding her impressions of witness credibility and demeanor. The commission's reversal of the ALJ's decision is not based on the credibility of the witnesses.


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uploaded 2004/11/03