RICHARD A SCHADEN, Employee
VALLEY TRUCKING LLC, Employer
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
[ Search UC Decisions ] - [ UC Digest - Main Index ] - [ UC Legal Resources ] - [ LIRC Home Page ]
uploaded 2006/10/30