AMY L MC MAHON, Employee

THYSSENKRUPP WAUPACA INC, Employer

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.

The decision of the administrative law judge is affirmed. Accordingly, the employee is ineligible for benefits beginning in week 29 of 2006, and until four weeks have elapsed since the end of the week of quitting and the employee has earned wages in covered employment performed after the week of quitting equaling at least four times the employee's weekly benefit rate which would have been paid had the quitting not occurred.

Dated and mailed November 17, 2006
mcmaham . usd : 132 : 1  VL 1037

/s/ James T. Flynn, Chairman

David B. Falstad, Commissioner

/s/ Robert Glaser, Commissioner

The employee has petitioned for 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 reviewed the record in this matter and agrees with the administrative law judge's Findings of Fact and Conclusions of Law. There is no question that the employee made the right decision, when the employer was unable to give her full-time work, to seek other employment in line with her education. The employee successfully obtained other full-time employment. However, the employee did not establish that she quit her employment with good cause attributable to the employer. The only statutory exception that would apply would be the provision that allows an employee to quit to accept full-time work while claiming partial benefits. Unfortunately, as the employee indicated at the hearing, she did not actually have the job offer at the time she quit her employment. Therefore, she does not meet the statutory exception contained in Wis. Stat. § 108.04(7)(p).

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uploaded 2006/11/20