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

RICHARD A SCHADEN, Employee

VALLEY TRUCKING LLC, Employer

UNEMPLOYMENT INSURANCE DECISION
Hearing No. 06401737GB


ORDER


Pursuant to authority granted in Wis. Stat. § 108.09 (6)(c), the Labor and Industry Review Commission orders that the appeal tribunal decision dated August 11, 2006, be set aside and that a hearing be held before an administrative law judge and a new decision issued on the question of whether the employee's voluntary termination was for any reason permitting the immediate payment of benefits.

Dated and mailed October 27, 2006
schadri . upr : 164 : 8   BR 339

/s/ James T. Flynn, Chairman

/s/ David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner

 

NOTE: This matter is remanded on the ground of mistake. The appeal tribunal erred in concluding that the employee requalified for benefits based upon his vacation pay from a prior employer. The statute requires that, in order to requalify for benefits, the employee must earn wages in employment performed after the week of the separation. Wis. Stat. § 108.04(7)(a). This requirement cannot be satisfied based solely on unpaid vacation pay from a former employer. However, because the appeal tribunal never adjudicated the merits of the employee's separation, having advised the employee that the issue was moot, the commission is unable to conclude that the employee is required to requalify for benefits. The commission has therefore remanded this matter for a hearing and decision on the merits of the case. If, after hearing, it is found that the employee's quitting did not fall within any statutory exception permitting the immediate payment of benefits, he is ineligible for benefits until such time as he requalifies based upon earned wages.

 

cc: Daniel J. LaRocque



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uploaded 2006/10/30